2009 (8) TMI 22

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....dents. [Order Per S.S.KANG] - Heard both sides. 2. Appellant filed this Appeal against the impugned Order whereby the imposition of penalty under Section 76 of the Finance Act is upheld. 3. Contention of the Appellant is that as the Service Tax has been paid by the Appellant suo motu, therefore they are not liable to any penalty in view of the provisions of Section 73(3) of the Finance Act. The....

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....iew of the provisions of the above-mentioned Section 73(3) of the Act, the proceedings for imposition of penalty against the present assessee are not sustainable. 4. Learned Joint Chief Departmental Representative, Shri B.B.Agarwal submitted that as per the provisions of sub-section (3) of Section 73, issuance of notice under sub-section (1) of Section 73 is barred, which is in respect of the dem....

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....pect of issuance of show cause notice for levy of penalty in cases when tax is paid suo motu by the assessee. This Circular is not placed before the lower authority and hence, has not been taken into consideration. As the Board has issued a clarification and the authorities are bound by the Circular issued by the Board, therefore I find that it is a fit case for re-consideration of the Adjudicatin....