2010 (10) TMI 128

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.... [Order per : K.A. Puj, J. (Oral)]. - The appellant-revenue has filed this tax appeal under Section 35G of the Central Excise Act, 1944, proposing to formulate the following substantial questions of law for determination and consideration by this Court : "[i] Whether the penalty under Section 76 of the Finance Act, 1994 can be reduced below the minimum limit prescribed? [ii] ....

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....ith interest for the period from Oct-2006 to Dec-2006 and Jan-07 to Mar-07 i.e., late by 154 days and 69 days respectively and the ST-3 return for the period Oct-06 to March-07 was also filed late by 75 days. Due to the above lapses, a Show Cause Notice dated 22-5-2008, was issued to the respondent proposing to impose penalty for late payment of Service tax under Section 76 of the Finance Act, 199....

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....7(353-RAJ)/2009/COMMR(A)/RAJ dated 11-5-2009 has reduced the penalty of Rs. 44,600/- imposed under Section 76 of Finance Act, 1994 to Rs. 10,000/- by invoking Section 80 of the Finance Act. 6. Being aggrieved, the appellant filed appeal before the Tribunal against above Order-in-Appeal passed by the Commissioner (Appeals), Central Excise,Rajkotto the extent of reducing the penalty under Section....

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....ity imposing the penalty is not entitled to levy below the minimum prescribed, the appellate authority and the Tribunal cannot read the provision so as being vested with such powers, namely, to reduce the penalty below the minimum prescribed. This Court has, therefore, answered the question accordingly in the negative and the said tax appeal was disposed of. 10. Following the aforesaid dec....