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TMI Blog2011 (2) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... f service tax and penalty of Rs.1000/- under Section 77 of Finance Act, 1994 for late filing of ST-3 returns - In this case, the penalty was reduced from Rs.88,800/- to Rs.25,000/- but as per Section 76 of Finance Act, 1994, penalty has to be either Rs.88,800/- or Nil, if it is considered that Mehta had shown reasonable cause and therefore, discretion to waive penalty could be exercised - since th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g order dated 28.11.2008 resulting in imposition of penalty of Rs.88,800/- under Section 76 of the finance Act, 1994 for late payment of service tax and penalty of Rs.1000/- under Section 77 of Finance Act, 1994 for late filing of ST-3 returns. On an appeal filed by Mehta, Commissioner (Appeals) in his order in appeal dated 11.05.2009, reduced the penalty under Section 76 to Rs.25,000/- by invokin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellate authority and the Tribunal cannot read the provision so as being vested with such powers, namely, to reduce the penalty below the minimum prescribed. This Court has, therefore, answered the question accordingly in the negative and the said tax appeal was disposed of." 2. The matter was accordingly listed and notice was sent to Mehta also but no one has appeared on their behalf. Heard t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eals) and Mehta has not filed any appeal. Therefore, I cannot go into the question as to whether penalty is to be reduced to nil, since there is no appeal by M/s. S.J. Mehta and the appellant Revenue cannot be put in a worse situation than the one as per the Commissioner (Appeals) order. Under these circumstances, the appeal filed by appellant is to be allowed and penalties imposed by original adj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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