TMI Blog2010 (6) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... ons 78 and 80 together, where again it is stated that for imposition of penalty under Section 78, the presence of reasonable cause would be germane, we are of the view that the order of the Tribunal in interfering with the order of the Commissioner by upholding the penalty under Section 76 of the Finance Act, 1994 while reducing the same from Rs.200/- per day to Rs.100/- per day and the penalty of Rs.1000/- imposed under Section 77 and in setting aside the penalty imposed under Section 78 of the Act, is well justified and we do not find any good ground to interfere with the same - 1398 of 2010 - - - Dated:- 18-6-2010 - Coram: THE HON'BLE MR.JUSTICE F.M.IBRAHIM KALIFULLA and THE HON'BLE MR.JUSTICE M.M.SUNDRESH For Appellant: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tax amount at a sum of Rs.3,68,932/- along with cess. Thereafter, the respondent paid a sum of Rs.2,33,098/- towards service tax, cess and interest. After adjusting the said payment, for the balance amount, a show cause notice was issued for imposition of penalty by the Commissioner by notice dated 09.10.2007. Thereafter, the Commissioner in exercise of his powers of suo motu revision under Section 84 of the Act, passed orders on 13.12.2007 imposing a penalty of Rs.200/- per day starting with the first day after the due date till the actual payment of service tax. A sum of Rs.1,000/- was imposed by way of penalty under Section 77 of the Finance Act, 1994 and a sum of Rs.3,72,945/- on the notice issued under Section 78 of the Finance Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of imposition of penalty and when the statute specifically stipulates the circumstances under which such penalty and interest thereon can be levied, we are of the considered opinion that in the absence of any specific finding relating to such instances, viz., fraud or collusion or wilful mis-statement or suppression of facts or contravention of any of the provisions of Chapter V, with particular reference to the intention of the assessee to evade payment of service tax, it will have to be held that the approach of the Tribunal in finding fault with the order of the Commissioner that there was no allegation of either fraud or collusion or wilful mis-statement or suppression of facts, merit acceptance. Reading Sections 78 and 80 together, whe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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