2011 (1) TMI 505 - AT - Service Tax

Application for condonation of delay - Against penalty imposed u/s 76 and 78 of Finance Act, 1994 the appellant has lost his appeal in respect of imposition of penalty u/s 78 and they are not in appeal before the Tribunal - However, the respondent is on cross objection - Revenue s appeal is only against imposition of penalty u/s 76 of the Finance Act, 1994 - The date chart filed does not at all disclose consciousness of revenue to seek remedy before the limitation expired - Similar failure is also indicative from the date chart proving no consciousness even after limitation - Consequently, Misc. application for condonation of delay is dismissed - Thus, the appeal is dismissed accordingly.

Summary

The Appellate Tribunal CESTAT, New Delhi dismissed the Revenue's appeal due to delay and lack of valid reasons. The appeal was against the imposition of penalty under section 76 of the Finance Act, 1994. The application for condonation of delay was rejected, leading to the dismissal of the appeal and cross objection.