2001 (11) TMI 5

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.... Penalty amounting to Rs. 46,800/- imposed under Section 77 of the Finance Act, 1994 and confirmed by the Commissioner (Appeals) under the impugned Order No. 1540/2000, dated 30-10-2000. 2. Shri P.P. Arora, learned Chartered Accountant, submitted that the Assistant Commissioner imposed a penalty of Rs. 46,800/- as they, being a Mandan Keeper, failed to furnish the quarterly returns for the quar....

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....Trade Notice No. 5/98-S.T., dated 17-7-1998 issued by the Mumbai-I Commissionerate clarifying that taxable service provided by the Mandap Keeper had not been exempted. He also mentioned that the total liability of Service Tax in respect of all the three quarters was Rs. 550/- only and as such penalty amounting to Rs. 46,800/- is totally out of proportion and highly unjustifiable. Finally, he relie....

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....ndates that the assessee shall become liable for payment of penalty on his failure to file the returns in time at the minimum rate of Rs. 100/- per day". She further mentioned that the discretion conferred by Section 80 of the Act had not been exercised by the Commissioner and as such penalty imposed has to be confirmed. 4. We have considered the submissions of both the sides. The similar issue....