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TMI Blog2015 (5) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... ce tax liability and interest thereof on being pointed out by the departmental officers; the case would fall under the provisions of Section 73(3) of the Finance Act, 1994. - there was no need for issuance of any show cause notice to the respondent. - first appellate authority has used discretionary power granted by the statute under Section 80 of the Finance Act, 1994 to set aside the penalties i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeared on behalf of the respondent despite notice. On perusal of the records, we find that the appeal could be disposed of even in the absence of the respondent or its representative. Accordingly, we take up the appeal for disposal. 3. Learned DR submits that the first appellate authority has erred in setting aside the penalty imposed under Section 78 of the Finance Act, 1994 as the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tification for setting aside the penalty imposed under Section 78. We do not find anything erroneous in the said findings recorded by the first appellate authority. 5. We find that there is no dispute that the respondent had discharged the entire service tax liability and interest thereof as soon as it was pointed out by the departmental officers during the scrutiny of the records. In our view, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nary powers by the first appellate authority. We find that the first appellate authority has used discretionary power granted by the statute under Section 80 of the Finance Act, 1994 to set aside the penalties imposed under Section 78. It is settled law that discretionary powers exercised by the first appellate authority need not be questioned unless such powers are used perversely. In the case in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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