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    <title>2014 (6) TMI 206 - CESTAT AHMEDABAD</title>
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    <description>Where service tax and interest were paid before issuance of the show cause notice, and no extended period allegation of fraud, suppression, or misstatement was invoked, penalty was viewed as not prima facie sustainable. The reasoning relied on departmental circulars and judicial precedents indicating that proceedings stood concluded in such circumstances and that penalty was not imposable on the available record. On that basis, complete waiver of penalty was treated as a strong prima facie case, and recovery of the penalty was stayed pending disposal of the appeal.</description>
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      <link>https://www.taxtmi.com/caselaws?id=248302</link>
      <description>Where service tax and interest were paid before issuance of the show cause notice, and no extended period allegation of fraud, suppression, or misstatement was invoked, penalty was viewed as not prima facie sustainable. The reasoning relied on departmental circulars and judicial precedents indicating that proceedings stood concluded in such circumstances and that penalty was not imposable on the available record. On that basis, complete waiver of penalty was treated as a strong prima facie case, and recovery of the penalty was stayed pending disposal of the appeal.</description>
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      <pubDate>Fri, 02 May 2014 00:00:00 +0530</pubDate>
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