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of <h1>Tribunal rules in favor of appellant in Service Tax Liability case, penalties deemed unjustifiable</h1> <h3>Shri Sarveshwari Logistics Versus CCE & ST, Raipur</h3> Shri Sarveshwari Logistics Versus CCE & ST, Raipur - TMI Issues:Recovery of Service Tax Liability for the period April 2014 to December 2014, Applicability of Section 73(3) of the Finance Act, Imposition of PenaltyAnalysis:The case involved the recovery of Service Tax Liability for a specific period where the appellant failed to discharge the full tax liability and file ST-3 Returns. The Department proposed the recovery of the short payment along with interest and penalties, leading to a show cause notice and subsequent orders by the authorities. The appellant argued financial constraints and delayed invoices as reasons for the non-payment in 2014. The appellant contended the applicability of Section 73(3) of the Finance Act to waive penalties due to the timely payment made before the notice. The Department, however, argued for the applicability of Section 73(4) due to alleged suppression of facts.The Tribunal analyzed the provisions of Section 73 of the Finance Act, focusing on subsections (3) and (4). Section 73(3) mandates that if the service tax is paid before the notice is served, no penalty shall be imposed. The Tribunal noted that the entire duty proposed for recovery was deposited before the show cause notice, as acknowledged by the Department. The appellant had intimated the payment to the Department prior to the notice, making the imposition of penalty unjustifiable.The Tribunal further emphasized that the Department had acknowledged the payments made by the appellant, which were well-documented and dated before the issuance of the show cause notice. It was held that the Department wrongly invoked the extended period for issuing the notice, and the plea of suppression of facts was deemed unsustainable. Consequently, the Tribunal ruled that the show cause notice was time-barred, and Section 73(3) was applicable to the case, absolving the appellant from any penalty. The order imposing the penalty was set aside, and the appeal was allowed in favor of the appellant.
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