2008 (7) TMI 212

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....Koka for the Respondent. ORDER 1. This appeal arises from Order-in-Revision No. 100/2007, dated 11-12-2007 setting aside the Assistant Commissioner's order exercising his powers to drop the imposition of penalty under sections 76, 77 and 78 of the Finance Act. In terms of section 80 of the Finance Act, the Original Authority has been empowered to drop penalty in case if the assessee shows re....

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....rity has not agreed with the discretion exercised by the Assistant Commissioner in not imposing penalty. He has not accepted the assessee's plea of having deposited the service tax along with interest before the issue of show-cause notice as one of the reasons also for dropping the penalty. He has followed the Karnataka High Court order in CCE&ST v. First Flight Couriers Ltd. [2008] 12 STT 127 whe....

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....n re-affirmed the judgment rendered in the case of Sunitha Shetty (supra) and dismissed the revenue's appeal against setting aside of penalty in the case of CCE v. Royal Agencies in their order dated 26-2-2008 in Central Excise Appeal No. 4 of 2004. Likewise, the Bombay High Court in the Case of CCE&C v. Ashish Vasantrao Patil [Central Excise Appeal No.4 of 2007, dated 18-10-2007] dismissed the ap....

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....taka High Court in the case of First Flight Couriers Ltd. (supra) and prays for dismissal of the appeal. 5. I have carefully considered the submissions. I notice that the Original Authority has examined the issue with regard to non-imposition of penalty in para 9 of his order, which is extracted supra. The appellants have deposited the service tax along with interest before the issue of show-ca....