2007 (10) TMI 228

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e 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 - S/107/2005 - 1296/2007 - Dated:- 29-10-2007 - P. KARTHIKEYAN, TECHNICAL MEMBER ORDER 1. Revenue ha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... st thereon, the penalty which shall not be less than Rs. 100 for every day during which the failure continues, which may extend to Rs. 200 but not in excess of the amount of service tax not paid. It is argued that the reduction was inconsistent with the above legal provisions. However, he is not in a position to explain how the penalty of Rs. 1,000 imposed by the original authority sought to be re .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... uantum was discretionary and minimum penalty may be imposed in the facts of the case. The ratio is in line with the Apex Court decision that the penal provisions had an inbuilt discretion conferred on the authorities and it was not necessary to impose a minimum penalty for the reason that the statute provided for it. Moreover section 80 of the Finance Act, 1994 empowers the authorities to waive pe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X