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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Tribunal lowers penalty for late tax filing, citing precedent Bench Order.</h1> The Tribunal reduced the penalty imposed on the appellant for late filing of ST-3 Returns from Rs. 7,700 to Rs. 1,100 based on a precedent Bench Order. ... Penalty for delayed filing of service tax return - minimum penalty quantified as per precedent - application of binding bench precedent - reduction of penalty by appellate authorityPenalty for delayed filing of service tax return - minimum penalty quantified as per precedent - application of binding bench precedent - Whether the penalty of Rs. 7,700 imposed for delayed filing of ST-3 return should be sustained or modified in view of the Tribunal's earlier precedent - HELD THAT: - The appeal was disposed of on the basis that the subject matter and facts are almost identical to those considered by a coordinate Bench in Order No. 2662/WZB/1999. The appellant filed the ST-3 return for the quarter ending 1997 with a delay of 77 days (11 weeks) though service tax had been paid. The precedent applied the minimum penalty rule of Rs. 100 per week and quantified the penalty for 11 weeks as Rs. 1,100. Adopting that ratio, the appellate Tribunal held that the higher penalty imposed by the adjudicating authority was not justified and reduced the penalty accordingly. The stay application was disposed of as consequential to the reduction.Penalty imposed under the order-in-original and confirmed in appeal reduced from Rs. 7,700 to Rs. 1,100; stay application disposed of.Final Conclusion: The appeal is allowed in part by applying the Tribunal's earlier precedent; the penalty for delayed filing is reduced to Rs. 1,100 and the related stay application is disposed of. The main appeal was taken up for disposal with the consent of both parties as it was covered by a precedent Bench Order. The appellant filed ST-3 Returns late, resulting in a penalty of Rs. 7,700. The Tribunal reduced the penalty to Rs. 1,100 based on the precedent order. The appeal was allowed in part, and the stay application was disposed of.
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