2008 (5) TMI 31 - AT - Service Tax

Transportation of goods by road - delay in payment of tax non-submission of return within the stipulated period - out of penalty imposed u/s 76 & 77, commissioner set aside penalty u/s 77 - Revenue submits that waiver of penalty under Section 77 of the Act is ultra wires commissioner has dropped penalty u/s 77 only after considering the facts and circumstances of the case, so contention of revenue is not correct - appeal filed by the Revenue is rejected

Summary

The Appellate Tribunal CESTAT NEW DELHI upheld the Commissioner's decision to drop a penalty of Rs. 500 imposed under Section 77 of the Finance Act for non-submission of return within the stipulated period. The Tribunal rejected the Revenue's appeal, stating that the waiver of penalty under Section 77 was justified.