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Issue ID: 1794
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Amendment in 73(3) by Explanation 2 - Issuance of SCN when full tax deposited with interest

Date 26 Feb 2010
Replies 2 Replies
Views 1376 Views
Deposit of full tax with interest prevents penalty and renders show cause notices infructuous within the normal limitation period.
Where full service tax is deposited with interest before a show cause notice is issued, penalty is barred and a show cause notice becomes infructuous for the period covered by the normal limitation; this protection chiefly covers on the spot or audit prompted deposits but does not extend to tax admitted and deposited for periods beyond the normal limitation, which may still invite a show cause notice. (AI Summary)
Please ref. to prepossed amendment in 73(3) by way of explanation 2. Does it mean that no show-cause notice can be issued,if full tax along with interest has been deposited before the issue of show cause notice.
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