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TMI Blog2006 (12) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of Service tax by almost 88 days in both the quarters. Show cause notice was issued to him for imposition of penalty on the delayed payment on the service tax as per the provisions of Section 76 of the Finance Act, 1994. Adjudicating authority imposed the penalty of Rs. 500/- on the appellant under Section 76 of the Finance Act, 1994. Appellant did not prefer any appeal against such order. The learned Commissioner as a revisionary authority issued show cause notice to the appellant indicating his intention to review the said order-in-original. Appellant did not appear before the revisionary authority nor did he file any written submission. The learned Commissioner after considering the evidence on records came to the conclusion that orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seen from the records that the appellant had not challenged the order-in-original imposing of penalty under Section 76 of the Finance Act, 1994. In the absence of any challenge to the said order-in-original, the appellant has accepted the imposition of penalty under Section 76. If that be so, the provisions of Section 76 would apply in its entirety. The provisions of Section 76 indicate that penalty has to be imposed at the rate of Rs. 100/- per day till the default continued. 4. The Larger Bench of the Tribunal in the case of ETA Engineering Ltd. v. CCE, Chennai as reported at [2006 (3) S.T.R. 429 (T - LB) = 2004 (174) E.L.T. 19 (Tri. - LB)] has held as under "6. On careful consideration, we find that there are orders passed by the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : "77. Penalty for failure to furnish prescribed return. - If a person fails to furnish in due time the return which he is required to furnish under sub-section (1) of Section 70 or by notice given under sub-section (2) of that section, he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees, but which may extend to two hundred rupees for every day during which the failure continues." There is a comma after the word, 'one hundred rupees'. Therefore, the intention of legislature is quite clear that penalty of Rs. 100/- per day was required to be imposed in case of failure to pay the tax for everyday after the due date. Therefore, we are of the view that the correct interpretation is that the penalty s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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