2006 (12) TMI 457

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....arding agent and were liable to service tax. However, there has been consistent delay in payment of the service tax and accordingly besides the amount of service tax, a penalty of Rs. 5,000 under section 76 and Rs. 1,000 under section 77 of the Finance Act, 1994 was imposed on the appellants by the Assistant Commissioner. This order was reviewed by the Commissioner, who enhanced the penalty fro....

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.... the actual days of delay in depositing the service tax. Learned DR appearing for the Revenue draws my attention to the larger Bench's decision of the Tribunal in the case of ETA Engineering Ltd. v. Commissioner of Central Excise, Chennai reported in [2004] 174 ELT 19 (Tri.-LB), laying down that the minimum penalty under section 76 of the Finance Act, 1994 is Rs. 100 per day. Inasmuch as se....