TMI Blog2011 (5) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... d-I v. Akash Fashion Prints Private Limited [2009 (1) TMI 113 - GUJARAT HIGH COURT] no error in the order passed by the Tribunal occurs as provision under which the penalty was levied by the original adjudicating officer permits benefit of reduction in the penalty, subject to party paying the entire amount of tax determined interest and 25% of the penalty within 30 days of the communication of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) Whether in the facts and circumstances of the case, the Tribunal has committed substantial error of law in applying decision of the Tribunal in case of M/s. Swati Chemical Industries and decision of this Hon'ble Court in case of M/s. Akash Fashion Prints Pvt.Ltd. without recording comparative facts of the said cases and case of the respondent and recording findings thereon, for giving opti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll as amount of interest and set aside the penalty under section 76 and 77 of the Finance Act. However, it re-determined the penalty imposition under section 78 and gave an option of payment at reduced rate of 25% of the duty confirmed within 30 days of receipt of the order. 5. The Department challenged the same before the Customs Excise Service Tax Appellate Tribunal (CESTAT). The CESTAT afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Prints Private Limited, reported in 2009 (239) E.L.T 439 (Guj). It would be relevant to reproduce section 78 of the Finance Act, 1994: Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of - (a) Fraud; or (b) collusion; or (c) willful mis-statement; or (d) suppression of facts; or (e) co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order. As provision appears to be pari materia to Section 11AC and the order of Gujarat High Court followed by the Tribunal, in case of provision of Section 11AC of Central Excise Act, there is no infirmity in view adopted by the Tribunal. With no question of law arising, this appeal deserves to be dismissed. Accordingly, this Tax Appeal is dismissed. No costs. - - TaxTMI - TMITax - Service Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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