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TMI BlogRecovery of service tax not levied or paid or short-levied or short-paid or erroneously refundedX X X X Extracts X X X X X X X X Extracts X X X X ..... his agent, the provisions of this sub-section shall have effect, as if, for the words 17 [ thirty months ] , the words five years had been substituted. Explanation: Where the service of the notice is stayed by an order of a court, the period of such stay shall be excluded in computing the aforesaid period of 17 [ thirty months ] or five years, as the case may be. 3 [ (1A) Notwithstanding anything contained in sub-section (1), (except the period of 17 [ thirty months ] of serving the notice for recovery of service tax) the Central Excise Officer may serve, subsequent to any notice or notices served under that sub-section, a statement, containing the details of service tax not levied or paid or short levied or short paid or erroneously refunded for the subsequent period, on the person chargeable to service tax, then, service of such statement shall be deemed to be service of notice on such person, subject to the condition that the grounds relied upon for the subsequent period are same as are mentioned in the earlier notices. ] 15 [ (1B) Notwithstanding anything contained in sub-section (1), in a case where the amount of service tax payable has been self-assessed in the return furnish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 17 [ thirty months ] referred to in sub-section (1) shall be counted from the date of receipt of such information of payment. Explanation 1: For the removal of doubts, it is hereby declared that the interest under section 75 shall be payable on the amount paid by the person under this sub-section and also on the amount of short payment of service tax or erroneously refunded service tax, if any, as may be determined by the 8 [Central Excise Officer], but for this sub-section. 9 [ Explanation 2 : For the removal of doubts, it is hereby declared that no penalty under any of the provisions of this Act or the rules made thereunder shall be imposed in respect of payment of service-tax under this sub-section and interest thereon.] (4) Nothing contained in sub-section (3) shall apply to a case where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of- (a) fraud; or (b) collusion; or (c) wilful mis-statement; or (d) suppression of facts; or (e) contravention of any of the provisions of this Chapter or of the rules made thereunder with intent to evade payment of service tax. 16 [***] 14 [(4B) The Central Excise Officer sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or has been under-assessed or service tax has not been paid or has been short paid or any sum has erroneously been refunded, or ( b ) notwithstanding that there has been no omission or failure as mentioned in clause ( a ) on the part of the assessee, the Assistant Commissioner of Central Excise or, as the case may be, Deputy Commissioner of Central Excise has in consequence of information in his possession, reason to believe that the value of any taxable service assessable in any prescribed period has escaped assessment or has been under-assessed or service tax has not been paid or has been short-paid or any sum has erroneously been refunded, he may, in cases falling under clause ( a ), at any time within five years, and in cases falling under clause ( b ), at any time within one year, from the relevant date, serve notice on the person chargeable with the service tax which has escaped assessment or has been under-assessed or has not been paid or has been short-paid, or to whom any sum has been erroneously refunded, requiring him to show cause why he should not pay the amount specified in the notice. Explanation. -Where the service of the notice is stayed by an order of a court, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvice tax had become payable or ought to have been paid before the day on which the Finance Act, 2003 receives the assent of the President. (3) For the purposes of this section, relevant date means,- ( i ) in the case of taxable service in respect of which service tax has escaped assessment or has been under-assessed or has not been paid or has been short-paid- ( a ) where under the rules made under this Chapter, a periodical return, showing particulars of service tax paid during the period to which the said return relates, is to be filed by an assessee, the date on which such return is so filed; ( b ) where no periodical return as aforesaid is filed, the last date on which such return is to be filed under the said rules; ( c ) in any other case, the date on which the service tax is to be paid under this Chapter or the rules made thereunder; ( ii ) in a case where the service tax is provisionally assessed under this Chapter or the rules made thereunder, the date of adjustment of the service tax after the final assessment thereof; ( iii ) in a case where any sum, relating to service tax, has erroneously been refunded, the date of such refund.' 2. Substituted for Assistant Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puty Commissioner of Central Excise by the Finance Act, 2005, w.e.f. 13-5-2005. 9. Explanation 2 in section 73, in sub-section (3), the Explanation has been inserted, vide Finance Act, 2010 w.e.f. 08-05-2010 10. Inserted vide Finance Act, 2011, w.e.f. 8-4-2011 11. Substituted vide Finance Act, 2012 w.e.f. 28-5-2012, before it was read as, one year 12. Substituted vide Finance Act, 2012 w.e.f. 28-5-2012, before it was read as, sub-sections (3) and (4), 13. Inserted vide Finance Act 2013, w.e.f. 10th May, 2013. 14. Inserted vide THE FINANCE (No. 2) ACT, 2014 15. Inserted vide THE FINANCE ACT, 2015 w.e.f. 14th May 2015 16. Omitted vide THE FINANCE ACT, 2015 w.e.f. 14th May 2015, before it was read as, 10 [(4A) Notwithstanding anything contained in 12 [sub-sections (4)], where during the course of any audit, investigation or verification, it is found that any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, but the true and complete details of transactions are available in the specified records, the person chargeable to service tax or to whom erroneous refund has been made, may pay the service tax in full or in part, as he may acce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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