TMI Blog2004 (11) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellants had apparently deposited the Service Tax in the matter. The Additional Commissioner had imposed a penalty of Rs. 3,03,300/- @ Rs. 100/- for each day of delay in remittance of tax during the period from April 1998 to September 1998 under Section 76 of Finance Act, 1994. There is another penalty of Ps. 4,000/- @ Ps. 2,000/- per return, which has been filed late under Section 77 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... teel Ltd. v. State of Orissa - 1978 (2) E.L.T. U 159) has held that penalty is not required to be imposed on each and every lineal breach of provisions of law and the adjudicating authority can take into consideration the factors preventing the party from depositing the tax and reduce the penalty. She submits that the Commissioner of Central Excise Delhi-I, in the case of Oriental Insurance Co. Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ennai - 2001 (131) E.L.T. 14. 3. The learned SDR points out to the Additional Commissioner's finding wherein it has been noted that during the relevant period, there was no strike. However, the learned Counsel produces certain documents to show that during the relevant period, there was strike and the appellants were prevented from carrying out the regular activity. 4. On a careful considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f law. The Apex Court, in the case of Hindustan Steel Ltd., has taken a view that every venial breach does not call for imposing penalty. Taking into consideration the over all facts and circumstances of the case, the total penalty of P.s. 3,07,000/- in the matter is reduced to Rs. 50,000/- (Rupees fifty thousand only) which the appellants shall deposit within a period of six months. At this stage ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
