2007 (10) TMI 228 - AT - Service Tax

Commissioner has reduced the penalties u/s 76 & 78 after taking into consideration the facts of the case and the ratio of the decision of the Bangalore Bench of CESTAT in the case of CCE v. S.B. Gopalakrishna - section 80 of the Finance Act empowers the authorities to waive penalties under the sections 75, 76, 77 and 78 of the Finance Act, 1994 if the assessee shows sufficient cause for the failure - no reason to interfere with the impugned order of reducing penalties revenue appeal dismissed

Summary

Issues: Reduction of penalties under section 76 and section 78 of the Finance Act, 1994 by the Commissioner (Appeals) and the grounds of appeal raised by the Revenue.

Analysis:

The appeal was filed by the Revenue against the order of the Commissioner (Appeals) which reduced the penalties imposed on the respondents under section 76 and section 78 of the Finance Act, 1994. The original authority had imposed penalties under various sections of the Act in addition to demanding service tax and interest from the respondents. The penalties were reduced from Rs. 1,000 to Rs. 500 under section 76 and from Rs. 8,173 to Rs. 2,000 under section 78. The Ld. SDR argued that the reduction of penalties was inconsistent with the legal provisions of the Act. He contended that the penalties imposed by the original authority were lawful, and the reduction was not justified. However, the Ld. SDR failed to provide a satisfactory explanation for the restoration of the original penalties.

During the hearing, no representatives appeared for the respondents. The Ld. SDR reiterated the grounds of appeal, emphasizing the mandatory nature of penalties under section 76 and section 78 of the Finance Act, 1994. He argued that the penalties should not have been reduced as they were in line with the legal provisions. The Ld. SDR highlighted that the original penalties were imposed based on the non-payment of service tax, and any reduction was against the express mandate of the relevant sections of the Act.

The Tribunal, after considering the facts of the case and referring to a decision by the Bangalore Bench of CESTAT, held that the Commissioner had the discretion to reduce penalties under section 78. The Tribunal emphasized that penal provisions had inherent discretion, and it was not mandatory to impose minimum penalties. Additionally, section 80 of the Finance Act, 1994 empowered authorities to waive penalties if the assessee provided sufficient cause for the failure to comply. The Tribunal found no reason to interfere with the impugned order and dismissed the Revenue's appeal, upholding the reduction of penalties by the Commissioner (Appeals).