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    <title>2001 (2) TMI 198 - CEGAT, COURT NO. IV, NEW DELHI</title>
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    <description>Penalty for delay in filing a service tax return under Section 77 of the Finance Act, 1994 was treated as discretionary rather than automatic. The Tribunal followed its earlier view that Rs. 100 per day was not a compulsory minimum penalty and that the competent authority could waive penalty in appropriate cases. As the appellate authority had waived the penalty after considering the facts and circumstances, no interference was warranted and the waiver was upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=50493</link>
      <description>Penalty for delay in filing a service tax return under Section 77 of the Finance Act, 1994 was treated as discretionary rather than automatic. The Tribunal followed its earlier view that Rs. 100 per day was not a compulsory minimum penalty and that the competent authority could waive penalty in appropriate cases. As the appellate authority had waived the penalty after considering the facts and circumstances, no interference was warranted and the waiver was upheld.</description>
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