Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Sabadra and Sabadra Vs. Commissioner of Central Excise

Sabadra and Sabadra vs Commissioner of Central Excise

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Oct 04, 2006
~2 min read
https://sooperkanoon.com/case/43795

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

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Judge
Decided On
Subject
Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Sabadra and Sabadra

Respondent

Commissioner of Central Excise

Legal References

Reported In
(2007)7STT17

Excerpt

1. heard both sides. shri jagatpal bajaj, ca appearing on behalf of the appellants submits that the commissioner has wrongly enhanced the penalty to the tune of rs. 23,125/- as against the penalty of rs. 100/- imposed by the adjudicating authority under section 76 and a further penalty of rs. 100/- imposed under section 77 of the service tax act, 1994 for non-payment of service tax within the specified time and for non-filing of return within the stipulated time for the period april, 2001 to march, 2003. he submits that the commissioner had wrongly enhanced the penalty to the equal amount of service tax. he also submits that the entire service tax of rs. 23,125/- has already been paid along with interest. the present appeal is for reduction in 100% penalty imposed by the commissioner. he submits that due to some unavoidable reason, the return could not be filed within the specified time.1.2 the learned representative on behalf of the appellants submits that there is a total delay of 118 (65+53) days. therefore, the penalty @ rs. 100/- per day will work out to rs. 11,800/- only. the learned dr appearing for the revenue reiterates the impugned order.1.3 after hearing both sides and perusal of the case records i find that the commissioner has wrongly enhanced the penalty to the tune of rs. 23,125/- the penalty imposed by the adjudicating authority @ rs. 100/- per day, works out to rs. 11,800/- only. i accordingly reduce the penalty amount to rs. 11,800/- as against the penalty of rs. 23,125/- imposed by the commissioner, after dispensation of the pro-deposit. the appeal stands disposed of accordingly at the stay stage itself.

Full Judgment

1. Heard both sides. Shri Jagatpal Bajaj, CA appearing on behalf of the appellants submits that the Commissioner has wrongly enhanced the penalty to the tune of Rs. 23,125/- as against the penalty of Rs. 100/- imposed by the adjudicating authority Under Section 76 and a further penalty of Rs. 100/- imposed Under Section 77 of the Service Tax Act, 1994 for non-payment of Service Tax within the specified time and for non-filing of Return within the stipulated time for the period April, 2001 to March, 2003. He submits that the Commissioner had wrongly enhanced the penalty to the equal amount of Service Tax. He also submits that the entire Service Tax of Rs. 23,125/- has already been paid along with interest. The present appeal is for reduction in 100% penalty imposed by the Commissioner. He submits that due to some unavoidable reason, the Return could not be filed within the specified time.

1.2 The learned representative on behalf of the appellants submits that there is a total delay of 118 (65+53) days. Therefore, the penalty @ Rs. 100/- per day will work out to Rs. 11,800/- only. The learned DR appearing for the revenue reiterates the impugned order.

1.3 After hearing both sides and perusal of the case records I find that the Commissioner has wrongly enhanced the penalty to the tune of Rs. 23,125/- The penalty imposed by the adjudicating authority @ Rs. 100/- per day, works out to Rs. 11,800/- only. I accordingly reduce the penalty amount to Rs. 11,800/- as against the penalty of Rs. 23,125/- imposed by the Commissioner, after dispensation of the pro-deposit. The appeal stands disposed of accordingly at the stay stage itself.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial