MSP SPONGE IRON LTD. (FORMERLY MSP STEELS LTD.) Vs. COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX

JUDGEMENT

(1.) HEARD both sides.

(2.) APPELLANT filed this Appeal against the impugned Order whereby the imposition of penalty under Section 76 of the Finance Act is upheld.

(3.) LEARNED Joint Chief Departmental Representative, Shri B.B. Agarwal submitted that as per the provisions of Sub -section (3) of Section 73, issuance of notice under Sub -section (1) of Section 73 is barred, which is in respect of the demand of Service Tax. There is no bar for issuance of the notice in respect of the penalty on various grounds such as delayed payment of Service Tax not paid on due dates etc. In this connection, Revenue has relied on the following decisions of the Tribunal: