2007 (6) TMI 213 - AT - Service Tax

Penalty - Commissioner (Appeals) upheld the penalty of Rs. 1,000/- under Section 77 and reduced the penalty imposed under Section 76 to Rs. 16,000/- from Rs. 25,000 reasons given for non-payment of duty till department initiated action is not convincing Therefore there is justification for some penalty under Section 76 taking the entire facts and circumstances of the case, penalty u/s 76 is further reduced to Rs. 5,000 from Rs. 25,000 - Appeal is allowed partly

Summary

The Appellate Tribunal CESTAT, Ahmedabad heard a stay petition regarding a service tax case. The issue involved a short levy of Rs. 33,574, which was paid along with interest. Penalties were imposed under Sections 76 and 77 of the Finance Act, which were reduced on appeal. The penalty under Section 76 was reduced to Rs. 5,000 from Rs. 16,000. The appeal was partly allowed, and the stay petition was disposed of.