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Challenge to penalties imposed under Section 76 of the Finance Act, 1994 by the Revenue. Analysis: The judgment pertains to appeals by the Revenue against an Order-in-Appeal dated 23-8-04, where penalties imposed under Section 76 of the Finance Act, 1994, were set aside. The Department challenged the portion of the Order setting aside the penalties on all three respondents. The Commissioner (Appeals) had set aside the penalties due to delayed payment of Service Tax, as the respondents had already paid the Service Tax and Interest. The Member found the Commissioner's Order to be well-reasoned and did not require any interference. It was noted that the setting aside of penalties could be seen as invoking Section 80 of the Finance Act, 1994, which allows an appellate authority to set aside penalties if a substantial cause is shown. The Commissioner had clearly outlined the substantial cause justifying the setting aside of penalties under Section 76. Consequently, the appeals by the Department were dismissed, as there was no reason to interfere with the Order-in-Appeal. This judgment highlights the importance of substantial cause in setting aside penalties under the Finance Act, 1994. It underscores the need for appellate authorities to provide clear reasoning when overturning penalties imposed, as demonstrated by the Commissioner (Appeals) in this case. The judgment also emphasizes the significance of timely payment of Service Tax and Interest, as the respondents' compliance with these obligations played a crucial role in the decision to set aside the penalties. Overall, the judgment serves as a reminder of the legal principles governing penalty imposition and the discretion vested in appellate authorities to consider substantial causes for penalty waivers under relevant statutory provisions.
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