https://www.taxtmi.com/caselaws?id=358493 Where service tax and interest were paid before issuance of the show cause notice, section 73(3) of the Finance Act, 1994 protected the assessee from penalty because the department had not established the statutory preconditions for penal action. CESTAT noted that the liability was discharged before proceedings were initiated, the relevant facts were already within the revenue's knowledge, and the assessee had a bona fide view that the activity was exempt during the period. Penalty was therefore not sustainable and was set aside to that extent. en-us Thu, 22 Mar 2018 00:00:00 +0530 Thu, 12 Apr 2018 21:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=358493 Where service tax and interest were paid before issuance of the show cause notice, section 73(3) of the Finance Act, 1994 protected the assessee from penalty because the department had not established the statutory preconditions for penal action. CESTAT noted that the liability was discharged before proceedings were initiated, the relevant facts were already within the revenue's knowledge, and the assessee had a bona fide view that the activity was exempt during the period. Penalty was therefore not sustainable and was set aside to that extent. Case-Laws Service Tax Thu, 22 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=358493