1999 (7) TMI 247

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....ment per : Arun Kumar, J.]. - The petitioner has challenged imposition of penalty for delay in deposit of Foreign Travel Tax (for short FTT) and in filing the return with respect thereto. 2. Briefly stated the facts are that the petitioner who is engaged in travel business, has been authorised to collect Foreign Travel Tax leviable under [sub-section] (1) of Section 35 of the Finance Ac....

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.... and personal hearing was also provided. The show cause notice related to late deposit of the amount of FTT collected by the petitioner as well as the late filing of the returns with respect to the FTT. According to the petitioner there was only one day's delay in deposit of the amount collected by it by way of FTT and there was a delay of 30 days in filing the returns. The authorities imposed a p....

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.... the Central Government." Section 38(5) of the said Act is also relevant for the present purposes and is reproduced as under :- "Section 38(5). Any penalty under this section may be adjudged, collected and paid to the credit of the Central Government by such authority and in such manner as may be specified in the rules made under this Chapter : Provided that no order for imposing a pen....

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.... was Rs. 14,21,250/- and the penalty imposed works out to almost one fifth of the said amount which is in terms of Section 38(3) of the Act. Thus the authorities have already taken a lenient view in the matter and imposed minimum penalty which works out to one fifth of the amount involved. The learned Counsel for the respondent has drawn our attention to the fact that the petitioner has been chang....