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of <h1>Appellate Tribunal CESTAT Mumbai sets aside penalty revision, emphasizes fair consideration</h1> <h3>DESK TO DESK COURIER & CARGO LTD. Versus COMMR. OF C. EX. & CUS., NASHIK</h3> The Appellate Tribunal CESTAT MUMBAI considered the revision of a penalty amount by the Commissioner under Section 84 of the Finance Act, 1994. The ... - Issues:1. Revision of penalty amount by Commissioner under Section 84 of the Finance Act, 1994.2. Applicability of penalty under Section 76 and Section 77 of the Finance Act.3. Tribunal's consideration of similar cases regarding penalty enhancement.4. Decision on setting aside the revision order and allowing the appeal.Analysis:The judgment by the Appellate Tribunal CESTAT MUMBAI dealt with the revision of penalty amount by the Commissioner under Section 84 of the Finance Act, 1994. The Commissioner had revised the penalty amount from Rs. 5,000 to Rs. 2,38,486 under Section 76 of the Finance Act, 1994. The original order by the Assistant Commissioner had levied Service Tax and penalties under Sections 76 and 77 of the Finance Act. The appellants had paid the amounts as directed. The Tribunal noted that in similar cases, the revision orders enhancing penalties had been set aside due to insufficient reasons. In this case, the Tribunal found no mala fide intention or delayed tactics by the appellants, leading to the decision that the penalty should not be enhanced. Consequently, the impugned order was set aside, and the appeal was allowed. The Tribunal disposed of the stay application accordingly, following the principle established in previous cases.This judgment highlights the importance of considering the circumstances and intentions of the parties involved when revising penalty amounts under the Finance Act. It establishes the need for sufficient reasons to enhance penalties and emphasizes the absence of malicious intent or delays in such decisions. The Tribunal's decision to set aside the revision order and allow the appeal showcases a consistent approach in similar cases, ensuring fairness and adherence to legal principles.
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