2010 (6) TMI 118

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....pal, Advocate For respondent. CORAM: Shri Ashok Jindal, Member (Judicial) Per: Ashok Jindal, Member (Judicial)   By the impugned order the Commissioner (Appeals) waived the penalties under Section 76,77,78 of the Finance Act,1944 which has been challenged by the Revenue in this case. 2. While passing the impugned order the Commissioner (Appeals) has observed as under:- "On g....

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.... of the above extra ordinary, but unfortunate circumstances they could not file the returns in time nor could they pay the Service Tax for the relevant period. Considering the totality of the facts and circumstances of the case no penal action is warranted against them imposed under Section 76, 77 and 78 of the Act. However, appellants had not paid the Service Tax even though they have carried out....

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....onsidering Section 76 of the Central Excise Act read with Section 80, the authority has discretion to interfere with the penalty imposed. Once the discretion had been exercised and no arbitrariness is pointed out, it will not be possible for this court to interfere". Accordingly, the impugned order is sustainable. 5. Heard both sides. 6. I have considered the submissions made by both sides a....