2011 (4) TMI 1074 - HC - Service Tax

Penalty reduction of penalty Rs.25000 Held that - Department has spent more than Rs. 25,000-00 in challenging reduction, which is a waste of money, this practice of the Department in filing appeals mechanically, without application of mind. Probably because of this reckless filing of cases, now a policy decision is taken not to file any appeals before this Court, where the amount involved is less than Rs. Two lakhs, no merit in this appeal. Accordingly it is dismissed

Summary

Issues:
1. Appeal against reduction of penalty by Commissioner of Appeals.
2. Justification of the Tribunal's decision to reject the Revenue's appeal.
3. Criticism of the Revenue's practice of filing appeals mechanically.
4. Dismissal of the present appeal by the High Court.

Issue 1: The High Court heard an appeal filed by the Revenue against the order passed by the Tribunal, which upheld the decision of the Commissioner of Appeals to reduce the penalty imposed on the assessee from Rs. 1,00,000-00 to Rs. 75,000-00. The assessee had challenged only the penalty portion of the assessment, leading to the reduction by the Commissioner of Appeals.

Issue 2: The High Court observed that the penalty reduction was minimal, only Rs. 25,000-00, and criticized the Revenue for spending more money in challenging this reduction than the actual reduction amount. The Court expressed disapproval of the Revenue's practice of filing appeals without proper consideration, highlighting the wastage of public resources and time. The Court noted that the Department's indiscriminate filing of appeals had led to a policy decision not to file appeals involving amounts less than Rs. Two lakhs.

Issue 3: The High Court found no merit in the Revenue's appeal and dismissed it. The Court emphasized the need for the Department to be more cautious in filing appeals, urging them to avoid wasting resources and the time of the Tribunal and the Court. The judgment highlighted the importance of a thoughtful and judicious approach to filing appeals, discouraging mechanical filing practices.

In conclusion, the High Court upheld the Tribunal's decision to reduce the penalty imposed on the assessee and criticized the Revenue for its indiscriminate filing of appeals. The Court dismissed the appeal, emphasizing the need for the Department to exercise prudence and discretion in utilizing public resources and judicial time effectively.