2018 (6) TMI 1635

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....: Ramesh Nair The issue involved in the present case is that whether the appellant is entitled for refund of duty, interest and penalty paid during the course of audit and with request that the payment was made voluntarily and for not issuing the SCN, the matter should be closed, an undertaking was also given that no refund claim shall be made in future. Thereafter, the appellant is of the view ....

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....est and penalty and also requested that the matter may be closed with this payment and not to issue any SCN. The undertaking was also filed that they shall not claim any refund. In these circumstances, the issue is squarely covered by Section 73(3) of the Finance Act, which reads as under: "(3) Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneous....

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....entral Excise Officer] shall proceed to recover such amount in the manner specified in this section, and the period of "11[eighteen months]" referred to in sub-section (1) shall be counted from the date of receipt of such information of payment." 5. As per the above section, once the appellant opted for voluntary payment of service tax and interest and intimate to the department, the matter shal....