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TMI Blog2008 (7) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner (Appeals), Commissioner shall not exercise revision power u/s 84(4) – held that penalty u/s 76 is enhanced – penalty of 100% is minimum and mandatory u/s 78 - penalty u/s 78 imposed by lower authority is also enhanced from Rs. 1000 to 3,26,329 - ST/7/08 - A/1352/2008-WZB/AHD - Dated:- 14-7-2008 - B.S.V. Murthy, Member (Technical) Shri D.S. Negi, SDR, for the appellant. Shri Kira ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri D.S. Negi stated that penalty under Section 76 cannot be less than Rs.200/- per day or @ 2% whichever is higher, subject to a maximum equal to service tax payable. Therefore, the Commissioner (Appeals) should have enhanced the penalty to Rs.3,26,329/- from Rs.1,45,000/-. He also pointed out that the penalty under Section 78 also is mandatory and cannot be Rs.1,000/-. Respondent has intimated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring Ltd. Vs.CCE Chennai 2006 (3) STR 429 cited by learned SDR in support of his argument about the penalty under Section 76 is relevant and therefore, the penalty under Section 76 has to be enhanced to Rs.3,26,329/-. As regards mandatory penalty under Section 78, penalty of 100% is minimum and mandatory and therefore the penalty of Rs.1,000/- imposed and upheld by the lower authority has to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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