1. These appeals are by the Revenue against the Order-in-Appeal dated 23-8-04, wherein the Commissioner (Appeals) has set aside the penalties imposed under Section 76 of the Finance Act, 1994.
2. The respondents are represented in person by Shri Ashim Mitra, Accounts Officer of the respondent companies.
3. The learned J.D.R. submits that the Department is challenging that portion of the Order of the Commissioner (Appeals), which has set aside the penalties imposed on all the three respondents herein, under Section 76 of the Finance Act, 1994.
4. Considered the submissions made by both sides, and I find that the Commissioner (Appeals) has set aside the penalties imposed upon the respondents herein, under Section 76, for the delayed payment of Service Tax, on the ground that the respondents herein have already deposited the Service Tax and Interest payable by them. To my mind, this Order is a very reasoned Order and does not require any interference. Further, the setting aside of the penalties imposed on the respondents herein, by the Commissioner (Appeals) it can be read as having invoked the provisions of Section 80 of the Finance Act, 1994 which empowers an appellate authority to set aside the penalty imposed, if any substantial cause is shown. In these cases, the Commissioner (Appeals) has spelt out very clearly the substantial cause under which he is of the opinion that the penalties imposed under Section 76, have to be set aside.
5. In view of the above facts and circumstances, I do not find any reason to interfere in the impugned Order-in-Appeal. All the three appeals of the Department are dismissed accordingly.