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of <h1>Gujarat High Court: No Discretion to Reduce Penalties Below Minimum u/s 76 of Finance Act, 1994.</h1> Section 76 of the Finance Act, 1994, does not permit reducing penalties below the prescribed minimum. The Gujarat High Court in the case of Port Officer ruled that authorities have no discretion to impose penalties less than the stipulated one hundred rupees per day for defaults, with a cap of 50% of the service tax payable. Allowing further discretion would effectively rewrite the provision, which is not permissible under statutory interpretation principles. This interpretation aligns with legislative intent and has been upheld in subsequent cases, including Ashish Amand & Co. and BSGK Shsatry.
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