Penalties Dropped: No Evidence of Tax Evasion Intent Found; Section 73(3) Invoked After Full Payment Before Notice Issued.

Delayed payment of service tax with interest before issue of SCN - Invocation of section 73(4) - Levy of penalty - the adjudicating authority has failed to record any evidence to demonstrate that there has been suppression with intent to evade tax - there was every reason to resort to section 73(3) of FA, 1994 to stop further proceedings consequent upon the payment of tax and interest in full - penalties set aside .....

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