TaxTMI 
TaxTMI 
2014 (5) TMI 954
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....ner (AR), for the Respondent. ORDER The issue involved is whether the appellant is liable to pay penalty of Rs. 1,27,80,168/- under Section 78 of the Finance Act, 1994. 2. The learned counsel submitted that this is a case which is covered by the provisions of Section 73(3) of the Finance Act, 1994. The appellant had paid the entire amount due with interest much before issue of show c....
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....er and the ground canvassed by the appellants that this was the mistake on the part of the person who had handled the account has not been accepted. 4. We have considered the submissions made by both sides. The issue involved is whether the show cause notice issued can be said to be valid or not in view of the provisions of Section 73(3) of the Finance Act, 1994. We take note of the fact tha....
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....ire amount due with interest, the appellants have discharged their liability as per the provisions of Section 73(3) which provides that where the appellant makes payment of tax with interest, no show cause notice shall be issued unless the case is covered by situations where extended period of 5 years can be invoked for issue of show cause notice such as evasion of duty or non-payment of duty beca....