9911796707
TMI Blog2012 (6) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... her with interest even though they have separately not collected the tax amount from their customers and since there is no evidence of fraud, suppression etc., on their part, they can be given benefit u/s 73(3) to the extent the tax and interest has been paid by them prior to the issue of SCN, as the total amount paid by them towards tax and interest may be appropriated. Regarding payment made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d partly within one month of the issue of show cause notice and before passing the adjudicating order. Since the lower authorities did not accept the contention of the appellants to calculate the tax amount treating the value realized by the appellants as inclusive of tax, the balance amount of Rs.42000/- on that count also has been deposited by the appellants after filing the appeal before the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed in view of the provisions of Section 73 (3) of the Act. 3. Since the balance amount of tax which also stands paid, the appellants may be allowed to pay 25% of the same towards penalty within one month from the date of receipt of the fresh adjudicating order. 4. The amounts already paid by the appellants may be allowed to be adjusted against tax, interest and penal liability determine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3,42,788/- before the issue of show cause notice, and there is no evidence of fraud, suppression etc., on their part, they can be given benefit under Section 73(3) of the Finance Act, 1994, to the extent the tax and interest has been paid by them prior to the issue of show cause notice, as the total amount paid by them towards tax and interest may be appropriated. 5. As regards the payment m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst their tax, interest and penal liability to be reworked is also reasonable and is acceptable. 6. Accordingly, the impugned order is set aside and the matter is remanded to the original authority for passing a fresh order for reworking the tax, interest and penal liability in the above terms. The appeal is allowed by way of remand. (Order dictated and pronounced in the Open Court) - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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