2010 (7) TMI 994 - HC - Service Tax

Summary

Issues involved: Challenge to order by Customs, Excise and Service Tax Appellate Tribunal regarding interpretation of Section 35F and Section 11AC of the Central Excise Act, 1944 for penalty reduction and setting aside of Appellate Commissioner's order on penalty reduction.

The High Court considered the appeal challenging the Tribunal's order regarding the interpretation of Section 35F and Section 11AC of the Central Excise Act, 1944. The Tribunal had determined that if the duty is paid within 30 days of the order, the penalty under Section 11AC would be 25% of the duty, increasing to 100% if paid later. The High Court noted that a previous decision had settled the issue, and since the Tribunal's decision aligned with that precedent, it found no legal flaw in the Tribunal's order warranting interference.

The High Court, after reviewing the circumstances and absence of any substantial question of law, dismissed the appeal challenging the Tribunal's order. The Court emphasized that the Tribunal's decision was in line with established legal principles and previous High Court decisions, specifically referencing a case involving Commissioner of Central Excise and Customs, Surat-II v. Mahalaxmi Industry.