2017 (3) TMI 1105

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is in appeal against order-in-appeal no. P-I/MMD/227/2012 dated 30th November 2012 of Commissioner of Central Excise (Appeals), Pune - I and, though the impugned order has confirmed tax liability of Rs. 10,57,723 for the period from January 2010 to March 2011 along with interest thereon, the appeal is restricted to the penalty of Rs. 10,57,723 imposed under section 78 of Finance Act, 1994. 2. Th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to be secure under the cover of section 73(3)  Finance Act, 1994. 4. Heard Learned Counsel for appellant and Learned Authorised Representative. The latter relied upon the decision of the Tribunal in Mohtamaan Industries v. Commissioner of Central Excise, Customs & Service Tax, Pune-l [2016 (42) STR 568 (Tri-Mumbai)] and the decision of the Hon'ble High Court of Gujarat in M/S IWI Crogen .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ents for resort to proviso to section 73(1) of Finance Act, 1994 are present to obviate the contention that section 73(3) of Finance Act, 1994 should have been resorted to for closing the matter. It is an admitted fact that the service tax authorities did commence correspondence with the appellant for payment of remaining dues only following the admission in the service tax returns that the said a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X