TMI Blog2010 (3) TMI 816X X X X Extracts X X X X X X X X Extracts X X X X ..... iled to apy service tax for the period august 2001 to October 2002 and considering the said period, the Revenue cannot levy penalty at the rate of Rs. 100/- per day by relying upon the provisions of S. 76 as it is only prospective in nature and not retrospective - Held that:- Revenue is empowered to levy penalty at the rate of Rs. 100/- per day if the assessee fails to pay duty only in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der S. 76 as it stood during the period form August 2001 to October 2002 i.e., the period during which service tax liability arose. 2. We have heard the learned counsel for the parties. 3. The only question to be considered by this Court in this appeal is whether the appellant can levy penalty at the rate of Rs. 100/- per day on failure to pay duty by the assessee for the period prior to 10-9- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hashikanth, counsel for the appellant relying upon the judgment in the case of ETA Engineering Ltd. v. Commissioner of Central Excise, Chennai - 2004 (174) E.L.T. 19 (Tri. -LB) = 2006 (3) S.T.R. 429 (Tri.-LB) contends that even for the period prior to 10-9-2004, the Tribunal has confirmed the order of levying penalty at the rate of Rs. 100/- per day. Therefore, he requests the court to allow the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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