2007 (11) TMI 28 - AT - Service Tax

Comm.(A) enhanced the penalty on the ground that minimum penalty prescribed u/s 76 is Rs. 100 per day In view of HC decisions there is discretion in quantum of penalty u/s 76 Moreover no reason given for enhancement so penalty cannot e enhanced

Summary

The Appellate Tribunal CESTAT, Mumbai set aside the penalty enhancement imposed by the Commissioner of Central Excise on the appellants, citing discretion in penalty quantum under Section 76 of the Finance Act, 1994. The Tribunal found the enhancement not sustainable and allowed the appeal.