2023 (6) TMI 1156

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....59,202/- (including Education Cess) under first proviso to sub-section (1) of Section 73 of the Finance Act, 1994 as amended ; (ii) I order to pay interest at an appropriate rate under Section 75 of Chapter V of the Finance Act, 1994 (as amended) on the amount of demand confirmed as above ; (iii) I waive imposition of penalty in terms of Section 80 of Finance Act, 1994 as amended. (iv) I appropriate the amount of Rs.99,27,762/- having been paid by the notice and credited to the account of the Government against Service Tax (including Education Cess) and interest." 2. The facts of the case are that the appellant is engaged in generation of electricity at various plants located at West Bengal. In order to finance....

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.... 3. The ld.Sr.Counsel appearing on behalf of the appellant, submits that in terms of Section 73 (3) of the Finance Act, 1994, if a person is chargeable to service tax paid the amount of service tax on the basis of his own ascertainment before issuance of show-cause notice, the proceedings come to an end, but despite that the show-cause notice was issued to the appellant, which is not sustainable. He further submits that for the payment received prior to 18.04.2006, when there was no mechanism for payment of service tax, the service tax is not payable in terms of the decision of the Hon'ble Bombay High Court in the case of Indian National Shipowners Association Vs. Union of India reported in 2009 (13) STR 235 (Bom.), which is affirmed by t....