Commissioner of Central Excise Vs. Capital Trust Ltd.

Commissioner of Central Excise vs Capital Trust Ltd.

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi Decided Nov 10, 2004

~1 min read

https://sooperkanoon.com/case/37071

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/37071
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Judge: A Wadhwa
Decided On: Nov 10, 2004
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Commissioner of Central Excise

Respondent

Capital Trust Ltd.

Legal References

Reported In: (2006)2STR69

Excerpt

1. revenue is in appeal against that portion of the impugned order of the commissioner (appeals) by which he has reduced the penalty from rs. 3200 to rs. 500 imposed upon the respondent for late payment of service tax. he has observed that the tax is only to the extent of rs. 210 and rs. 490 and as such a lenient view is required to be taken.2. i do not find any infirmity in the above view of the commissioner (appeals). revenue's contention that mandatory penalty of rs. 100 under the provisions of section 76 of the finance act, 1994 should have been imposed is not being found favoured with inasmuchas it is settled law that the quantum of penalty under a particular section is only the maximum to be imposed and it is the discretion of the authority, to be exercised judiciously, in the facts and circumstances of the case. in view of the foregoing, i reject the revenue's appeal.

Full Judgment

1. Revenue is in appeal against that portion of the impugned order of the Commissioner (Appeals) by which he has reduced the penalty from Rs. 3200 to Rs. 500 imposed upon the respondent for late payment of service tax. He has observed that the tax is only to the extent of Rs. 210 and Rs. 490 and as such a lenient view is required to be taken.

2. I do not find any infirmity in the above view of the Commissioner (Appeals). Revenue's contention that mandatory penalty of Rs. 100 under the provisions of Section 76 of the Finance Act, 1994 should have been imposed is not being found favoured with inasmuchas it is settled law that the quantum of penalty under a particular section is only the maximum to be imposed and it is the discretion of the authority, to be exercised judiciously, in the facts and circumstances of the case. In view of the foregoing, I reject the Revenue's appeal.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Delh... Same Parties Commissioner of Central Excise vs Capital Trust Ltd. Same Subject Service Tax Same Judge A Wadhwa