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TMI Blog2022 (6) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... oy, Mr. Ketan Jain, Mr. Chetan Kuma Shukla and Mr. Ayushman, Advs. Respondents Through: Ms. Sushila Narang, Sr. SC. O R D E R [Physical Hearing/Hybrid Hearing (as per request)] 1. We have heard the counsel for the parties briefly. 2. The record shows that although no formal notice has been issued, the counter-affidavit and rejoinder has been filed in the matter. 2.1. Thus, for completion of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out taking recourse to Section 73 of the Finance Act, 1994 (in short 'Act'). It is, therefore, Mr Aggarwal's contention that a show cause notice ought to have been issued before taking any steps for recovery via the impugned notices. 5. This apart, Mr Aggarwal has drawn our attention to the Annexure P-8, which is a show cause notice dated 04.10.2019, which inter alia covers the period spanning be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hand, says that the revised return cannot be taken into account for the following reasons: (i) The revised return has not been filed electronically. (ii) The revised return has been filed beyond 90 days i.e., the period stipulated in Rule 7B of the Service Tax Rules, 1994 [in short "Rules"]. (iii) Since it is not in dispute that the original return was filed on 29.04.2015, the revised retur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... traightaway recover the admitted tax. It is Ms Narang's contention that this was a case of self-assessment.
7. We would like the counsel for the parties to file written submissions not exceeding three pages each, at least three days before the next date of hearing.
8. List the matter on 26.08.2022.
9. In the meanwhile, there shall be a stay on the operation of the impugned notices. X X X X Extracts X X X X X X X X Extracts X X X X
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