9911796707
TMI Blog2011 (11) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... er shall pay the penalty as specified in the said section - the legal provisions under Section 76 do not provide any lee way to carve out any exception as the same provides for no discretion. Hence the appeal of the appellants fails in respect of the period from 18.4.2006 onwards Delayed tax deposited after issuance of SCN - the delay in payment of tax ranges from 413 days to 812 days - The delays are substantial, as the penalty provision under Section 76 was not mandatory prior to the amendment made in 2006, some leniency can be shown to the appellants. Accordingly, as regards the period prior to 18.4.2006, penalty imposed is reduced to Rs.50,000/. The impugned order is modified to the above extent and the matter is remitted to the orig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, in calculation sheets forming Annexure I II of the impugned order, the adjudicating Commissioner has explained how he has arrived at the penalty figure. The same are enclosed as Annexures to this order. 5. It is seen that penalty is calculated @ 2% per month of delay as also @ Rs.200 per day. In each case, the adjudicating Commissioner has taken into account the higher penalty and in some cases, where he has restricted the penalty amount to the tax amounts; which are lower than the higher penalty. 6. After the amendment made with effect from 18.4.2006, the penalty prescribed under Section 76 of the Finance Act, 1994, has become mandatory as the amended provision now requires that the tax payer shall pay the penalty as specified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l itself has been heard and disposed of by allowing the appeal partly. (Dictated and pronounced in open court) Annexure - I M/s. SYNDICATE BOTTLES SERVICE PAID WITH NO OF PENALTY TAX IN DUE PAID AFTER DAYS @2% PER PENALTY PERIOD PAYABLE DATE DUE DATE DUE DATE PAID DATE DELAYED MONTH Rs.200/DAY PAYABLE JULY SEP 06 5786460 4629168 1157292 05/10/06 08/01/07 95 72291.12 19000 72291 OCT DEC06 347 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... month Max penalty Jan-05 317986 79497 7950 159 8109 25/02/2005 18/05/2007 812 2345 162400 8109 Feb-05 325478 81370 8137 163 8300 25/03/2005 18/05/2007 784 2318 156800 8300 Mar-05 390715 97679 9768 195 9963 31/03/2005 18/05/2007 778 2761 155600 9963 Apr-05 230792 57698 5770 115 5885 05/05/2005 18/05/2007 743 1557 148600 5885 May-05 223099 55775 5577 112 5689 05 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 836 87800 11743 Mar-06 364757 91189 9119 182 9301 31/03/2006 18/05/2007 413 1368 82600 9301 Apr-06 495946 123987 14878 298 15176 05/05/2006 18/05/2007 378 2043 75600 15176 May-06 539032 134758 16171 323 16494 05/06/2006 18/05/2007 347 2039 69400 3763 16494 Jun-06 510333 127583 15310 306 15616 05/07/2006 18/05/2007 317 1763 63400 3255 15616 Jul-06 517013 129253 15510 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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