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2010 (7) TMI 862 - AT - Central ExcisePenalties u/s 76 and 77 of FA - violation of provisions of Section 70 of Finance Act, 1994 since the return was delayed by 187 days - violation of Section 68 of Finance Act, 1994 since there was a delayed payment of service tax ranging from 286 days to 194 days - Held that:- The benefit of Section 80 of Finance Act, 1994 cannot be extended to the appellant inasmuch as they were aware of their responsibility to file the return in time and to deposit tax within the period. Having not done so, they have invited the penalties under Section 76 and 77 of the Act. The penalty under Section 76 has already been kept by the lower authorities equal to the demand, though there was a delay of 766 days and by calculating the penalty @ ₹ 200/-per day as per the provisions of Section 76 of Finance Act, 1994, the same would come to ₹ 1,53,200/-. Appeal dismissed - decided against appellant.
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