2008 (3) TMI 244 - AT - Service Tax

Delay in payment of tax - appellants are filing the returns regularly entire tax with interest deposited before issue of SCN - finding of the Adjudicating Authority is reasonable and has rightly dropped the penalty under Section 80 - Accordingly, the impugned revisionary order of Commissioner of imposition of penalty u/s 76 is set aside and the order of the Adjudicating Authority is restored

Summary

Issues:
Appeal against penalty imposed under Section 76 of the Finance Act, 1944.

Analysis:
The appeal was filed against the revised order of the Commissioner of Central Excise imposing a penalty of Rs. 8,911 under Section 76 of the Finance Act, 1944. The Adjudicating Authority did not impose any penalty under Section 80 of the Finance Act, stating that the appellants paid the tax with interest before the show cause notice was issued, and there was a reasonable cause for the delay in payment. The Commissioner revised the Adjudication Order and imposed the penalty, considering that the appellant had been transferred to a Private Limited Company and should not ignore responsibility for late payment of tax and filing of returns. The Adjudicating Authority had recorded reasons for not imposing a penalty under Section 80, exercising discretion conferred under the Act. The appellant's regular filing of returns since 2005 was also noted.

After considering the facts and circumstances, the Member (J) found the Adjudicating Authority's decision reasonable and rightly dropped the penalty under Section 80 of the Finance Act, 1994. Consequently, the impugned order of the Commissioner was set aside, and the Adjudicating Authority's order was restored. The appeal was allowed with consequential relief. The order was dictated and pronounced in the open Court by the Member (J).