9911796707
TMI Blog2011 (5) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... ly, penalty levied under section 76 and 78 of Finance Act, 1994 invites consideration under section 80 of the Finance Act 1994 - On an overall appreciation of the fact on record and in absence of any reason recording malafide intention of the appellants, and that too when levy of service tax was in confusion at the inception, it would not be proper to mechanically confirm penalties imposed under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in all such cases. Ld. Counsel Shri Malhotra Appearing on behalf of all the appellants submits that the Revisional order has intended to impose penalty without any rhyme or reason. All the cases require consideration under section 80 of the Finance Act 1994. His prayer is to set aside the Revisional Order in all cases, appearing in the chart filed by him indicating the respective position in al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough section 75A was also within the purview of section 80 of the Finance Act 1994, it is bound to be deleted from the purview of section 80 thereafter. But at the relevant point of time when the law was in force to regulate taxable activities through the process of registration, such a mandatory requirement cannot be dispensed with. Therefore, we agree with the Revisionary authority in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amined nor any cogent reason appears in the order. Therefore, levy of penalty under section 76 and 78 of Finance Act, 1994 which are severe in nature levy thereof on small tax payers is unwarranted without bringing mens-rea to record. Consequently, penalty levied under section 76 and 78 of Finance Act, 1994 invites consideration under section 80 of the Finance Act 1994. On an overall appreciation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r revised returns. These observations we have made above was from the appeal record No 309/08. Finding that the order has not demonstrated the reasoning for imposition of penalty under section 77 of the Finance Act, 1994 it suffers from legal infirmity. Therefore, there shall be no penalty under section 77 and that is set aside. 6. In the result, all the appeals are partly allowed to the extent ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
