COMMISSIONER Vs. TEJAS AGENCY

JUDGEMENT

(1.) The Revenue is in appeal against the judgment of CESTAT dated 20-6-2013 raising following questions for our consideration:

(2.) This was on the premise that admittedly the assessee had paid the tax even before issuance of show cause notice. In terms of Section 73(3) of the Finance Act, 1994, he, therefore, contended that no penalty should be imposed. This contention was accepted by the Tribunal.

(3.) Counsel Shri Oza for the department, however, contended that the Tribunal overlooked the provision of sub-section (4) of Section 73 of the Finance Act, 1994, which provides that: