2004 (1) TMI 688 - AT - Central Excise

Summary

Issues: Appeal against reduction of penalty under sections 76 and 77 of Finance Act, 1994.

The judgment pertains to an appeal filed by the revenue against the Order-in-Appeal passed by the Commissioner (Appeals) reducing the penalty imposed under sections 76 and 77 of the Finance Act, 1994 (Service Tax) to Rs. 20,000. The revenue contended that the penalty for default of payment of service tax within the stipulated time was not less than Rs. 100 for each day of default. The revenue argued that the Commissioner (Appeals) erroneously reduced the penalty. On the other hand, the respondent's representative submitted that they were not fully aware of the provisions of the Act due to the novelty of the concept of service tax at that time. It was highlighted that upon being informed, they promptly paid the service tax.

The Judicial Member referred to section 80 of the Act, which states that no penalty shall be imposed on the assessee for any failure if a reasonable cause for the failure is proven. The Judicial Member noted that as per the provision of section 80, no penalty is applicable if a valid reason for the delay is provided. Consequently, the Judicial Member found no fault in the Order-in-Appeal reducing the penalty to Rs. 20,000 under sections 77 and 78 of the Finance Act, 1994. The appeal was ultimately dismissed, affirming the decision of the Commissioner (Appeals) to reduce the penalty amount.