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TMI Blog2018 (1) TMI 426X X X X Extracts X X X X X X X X Extracts X X X X ..... in appeal against the impugned order wherein the ld. Commissioner (Appeal) has dropped the proceedings against the respondent in terms of section 73(4A) of the Finance Act, 1994. 2. The brief facts of the case are that, during the course of audit of group companies, it was found that respondent has to first pay the service tax which the respondent paid along with interest and with 1% penalty duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of appeal, it has been stated that, as the respondent did not mention the receipt of money at the relevant time in the books of accounts, instead they prepared trail balance sheet, profit and loss account at the subsequent dates and it cannot be said that it was true and correct details of transfers in the specified records. Therefore, the provisions of section 73(4A) are not applicable in the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to service tax or to whom erroneous refund has been made, may pay the service tax in full or in part, as he may accept to be the amount of tax chargeable or erroneously refunded along with interest payable thereon under section 75 and penalty equal to one per cent. of such tax, for each month, for the period during which the default continues, up to a maximum of twenty-five per cent of the tax a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being in force or where there is no such requirement, the invoices recorded by the assessee in the books of account shall be considered as the specified records." As per the said provisions, if during the course of investigation it has been found that the assessee has first paid service tax, in that circumstance, if the amount is short paid has been paid by the assessee along with interest and pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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