2010 (11) TMI 861

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.... of the Finance Act, 1994 can be reduced below the minimum limit prescribed? (ii)   Whether the penalty under Section 76 of the Finance Act, 1994 can be dropped without invoking Section 80 of the Finance Act, 1994? 2. The respondent is a holder of Service Tax Registration under Section 69 of the Finance Act, 1994 (the Act) under the category of "Maintenance and Repair service". The respondent filed service tax returns late by 414 days and 329 days respectively. The respondent had also short paid interest of Rs. 118/- for the period October, 2006 to December, 2006. A show cause notice therefore, came to be issued to the respondent proposing to recover interest of Rs. 118/- under Section 75 and for imposition of penalties und....

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....y, 2010 in Tax Appeal No. 1367 of 2009 [2010 (257) E.L.T. 37 (Guj.) = 2010 (19) S.T.R. 641 (Guj.)] to submit that the controversy in issue stands concluded by the said decision in favour of the Revenue. 5. Despite service of notice for final disposal, there is no appearance on behalf of the respondent-assessee. In the circumstances, Admit. The following substantial question of law arises for determination :- "Whether the penalty under Section 76 of the Finance Act, 1994 can be reduced below the minimum limit prescribed by invoking Section 80 of the Finance Act, 1994?" 6. From the facts noted hereinabove, it is apparent that the Commissioner (Appeals) had reduced the penalty imposed under Section 78 of the Act by resorting to th....