2009 (7) TMI 134

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....nd that the appellants have failed to pay interest as required under Section 75 of the Finance Act for the delayed payment of service tax. Further, the return for the period from April to September 2006 was also filed on 29-11-06 (after a delay of 35 days). Consequently after adjudication and appellate proceedings, a penalty of Rs. 1,40,600/- has been imposed under Section 76 of the Finance Act, 1994. 2. Shri S.J. Vyas, learned Advocate, on behalf of the appellants submits that penalty is not imposable on the appellants in view of the fact that the service tax with interest had been paid by them and therefore in terms of Section 73(3) read with the proviso, the show cause notice itself was without authority of law and is unsustainable. H....

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....de, may pay the amount of such service tax, chargeable or erroneously refunded, on the basis of his own ascertainment thereof, or on the basis of tax ascertained by a Central Excise Officer before service of notice on him under sub­section (1) in respect of such service tax, and inform the Central Excise Officer of such payment in writing, who, on receipt of such information shall not serve any notice under sub-section (1) in respect of the amount so paid Provided that the Central Excise Officer may determine the amount of short-payment of service tax or erroneously refunded service tax, if any, which in his opinion has not been paid by such person and, then, the Central Excise Officer shall proceed to recover such amount in the mann....