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TMI Blog2009 (7) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... . P.K. Das, Member (Judicial) Shri S.N. Srivastava, S.D.R. for the Revenue. None for the respondent. [Order Per P.K. Das]. - Heard learned D.R. on behalf of the Revenue and perused the records. 2. Original authority ordered recovery of interest of Rs. 1,02,046/- under Section 75 of Finance Act, 1994 and imposed penalty of Rs. 100/- per day till payment of tax subject to maximum of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... EC has issued a clarification vide letter F.No. 137/167/2006-CX-4 dated 03.10.2007 wherein it has been clarified that the deposit of service tax and interest thereon before the issue of show cause notice leads to conclusion of entire proceedings under the Finance Act, 1994, in terms of subsection (1A) and (3) of Section 73 of Finance Act, 1994. It is not disputed that in this case appellants depos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under the Finance Act, 1994 including these under Section 76 of the Act. It, therefore, comes out from the above discussion that since appellants deposited service tax of their own alongwith interest without the issue of notice under sub-section (1) of section 73 of the Act and there is no allegation of fraud or collusion or willful mis-statement or suppression of facts or contravention of statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , collusion or willful mis-statement or suppression of facts with intent to evade payment of duty. Therefore, Commissioner (Appeals) rightly set aside the penalty. 6. In view of that, I do not find any reason to interfere with the order of the Commissioner (Appeals). Accordingly, appeal filed by the Revenue is rejected. (Dictated pronounced in the Open Court.) - - TaxTMI - TMITax - Ser ..... X X X X Extracts X X X X X X X X Extracts X X X X
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