TMI Blog2006 (12) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 by the Commissioner as a revising authority. The appellant is a Chartered Accountant engaged in providing the services of chartered accountant services and during the period October to December, 2001 and April to June, 2002, delayed the payment of Service tax by almost 88 days in both the quarters. Show cause notice was issued to him for imposition of penalty on the delayed payment on the service tax as per the provisions of Section 76 of the Finance Act, 1994. Adjudicating authority imposed the penalty of Rs. 500/- on the appellant under Section 76 of the Finance Act, 1994. Appellant did not prefer any appeal against such order. The learned Commissioner as a revisionary authority issued show cause notice to the appellant indicating his i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posit the service tax for the period October to December, 2001 and April to June, 2002. This would indicate that appellant had discharged the service tax liability for the period January to March, 2001, though not very clear from the records. it is also seen from the records that the appellant had not challenged the order-in-original imposing of penalty under Section 76 of the Finance Act, 1994. In the absence of any challenge to the said order-in-original, the appellant has accepted the imposition of penalty under Section 76. If that be so, the provisions of Section 76 would apply in its entirety. The provisions of Section 76 indicate that penalty has to be imposed at the rate of Rs. 100/- per day till the default continued. 4. The La ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich may extend to two hundred rupees'. If the intention of the legislature was to impose a penalty of only Rs. 100/- then there would have been a comma after the word, 'rupees one hundred'. We also find that at the relevant time under Section 77 which reads as under: 77. Penalty for failure to furnish prescribed return. - If a person fails to furnish in due time the return which he is required to furnish under sub-section (1) of Section 70 or by notice given under sub-section (2) of that section, he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees, but which may extend to two hundred rupees for every day during which the failure continues. There is a comma after the word, 'one hun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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