2014 (5) TMI 33

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.... 1. Waiver of pre-deposit and stay of all further proceedings, pursuant to the adjudication order dated 30.09.2012, is sought. 2. The petitioner/appellant was admittedly providing the taxable Business Auxiliary Service (BAS) being a registered company providing non banking service as a micro finance operator. However, by accident or design, the petitioner neither obtained registration as a Servic....

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....-assessed liability of Rs. 1,56,17,727/- in cash on 17.09.2009, apart from remittance of interest of Rs.27,09,219/- also in September,2009. 3. The authority rejected the claim of the petitioner to immunity to proceedings, predicated on provisions of Section 73 (3) of the Finance Act, 1994, on the ground that there was a contravention of the provisions of the Act with intent to evade tax liability....

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....ration, is an issue which has to be appropriately considered at the final hearing of the appeal. We are prima facie not persuaded with the petitioner's claim for immunity under Section 73 (3) of the Act. 5. On the above prima facie view, we direct the petitioner to remit Rs. Two crores and twenty lakhs (comprising appropriately 50% of the penalty under Section 78 and the discrepancy of Rs. 12....