2010 (5) TMI 20 - AT - Service Tax

Waiver of penalty u/s 80 - According to the revenue for no good reason section 80 of the Finance Act 1994 is invokable in this case to waive penalties. Held that Section 80 of the Finance Act 1994 has two elements to satisfy before grant of relief under that section. The first element is that there should be cause to envoke that section. Secondly the cause should be reasonable one. Unless a speaking order is passed to show that the cause stated if any is abled by good reason section 80 does not operate. The appeal order is crptic without bringing out the reasons for invoking that reason. If reason is not clearly brought out that fails to meet the test of reasonableness. Unless the cause is reasonable the Appellate order is bound to be set aside. matter is remanded back

Summary

Issues:
1. Challenge to waiver of penalty under Section 80 of the Finance Act, 1994.
2. Examination of the reasons for invoking Section 80 and the requirement of a reasonable cause.
3. Lack of detailed analysis in the appellate order regarding the breaches of law under Sections 76, 77, and 78 of the Finance Act, 1994.

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi deals with the appeal filed by the Revenue challenging the waiver of penalty under Section 80 of the Finance Act, 1994. The Revenue contended that there were deliberate breaches of law by the Respondent, leading to the imposition of penalties under Sections 76, 77, and 78 of the Finance Act, 1994. The Tribunal noted that the Adjudicating Authority had found such breaches but the Appellate Authority failed to provide a detailed examination of each count of penalty, which is essential under the law.

During the hearing, the Respondent was absent despite being issued a notice. The Tribunal highlighted that the Appellate Authority did not adequately examine the veracity of the Respondent's claim that they acted on wrong advice. The Tribunal emphasized that for invoking Section 80 of the Finance Act, 1994, two elements must be satisfied: a valid cause and reasonableness of the cause. It was noted that the Appellate order did not clearly state the reasons for waiving the penalties, leading to a lack of reasonableness in the decision.

In light of these deficiencies, the Tribunal remanded the matter back to the Appellate Authority for a thorough examination. The Appellate Authority was directed to provide a fair opportunity of hearing to the Respondent and to pass a reasoned and speaking order on each aspect of the breaches of law under Sections 76, 77, and 78 of the Finance Act, 1994. The Tribunal stressed the importance of satisfying the elements of Section 80 and following the legal principles established in relevant case law for reaching a valid conclusion in the matter.