Section 73: -

(1)] If –

(a) the Assistant Commissioner of Central Excise or, as the case may be, the Deputy Commissioner of Central Excise has reason to believe that by reason of omission or failure on the part of the assessee, to make a return under section 70 for any prescribed period or to disclose "'holly or truly all material facts required for verification of the assessment under section 71, the value of taxable service has escaped assessment or has been under-assessed 15[ or service tax has not been paid or has been short paid] or any sum has erroneously been refunded, or]

(b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the 16(Assistant Com- missioner of Central Excise or, as the case may be, Deputy Commissioner of Central Excise has in consequence of information in his possession, reason to believe that the value of any taxable service assess- able in any prescribed period has escaped assessment or has been under-assessed 17[or service tax has not been paid or has been short paid] or any sum has erroneously been refunded],

[he may, in cases falling under clause (a), at any time within five years, and in cases falling under clause (b), at any time within one year, from the relevant date, serve notice on the person chargeable with the service tax which has escaped assessment or has been under-assessed or has not been paid or has been short-paid, or to whom any sum has been erroneously refunded, requiring him to show cause why he should not pay the amount specified in the notice].

Explanation.-Where the service of the notice is stayed by an order of a court, the period of such stay shall be excluded in computing the aforesaid period of five years or six months, as the case may be.]

20[(2) The Assistant Commissioner of Central Excise or, as the case may be, Deputy Commissioner of Central Excise shall, after considering the representation, if any, made by the person on whom notice is served under sub-section (1), determine the amount of service tax due from such person (not being in excess of the amount specified in the notice) and thereupon such person shall pay the amount so determined

(3) For the purposes of this section, "relevant date" means,-

(i) in the case of taxable service in respect of which service tax has escaped assessment or has been under-assessed or has not been paid or has been short-paid-

        (a) where under the rules made under this Chapter, a periodical return, showing particulars of service tax paid during the period to which the said return relates, is to be filed by an assessee, the date on which such return is so filed

        (b) where no periodical return as aforesaid is filed, the last date on which such return is to be filed under the said rules,

        (c) in any other case, the date on which the service tax is to be paid under this Chapter or the rules made thereunder,.

(ii) in a case where the service tax is provisionally assessed under this Chapter or the rules made thereunder, the date of adjustment of the service tax after the final assessment thereof,.

(iii) in a case where any sum, relating to service tax, has erroneously been refunded, the date of such refund]