Commissioner of Central Excise Vs State Bank of India

Allahabad High Court 11 Sep 2008 (2008) 09 AHC CK 0265
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Hon'ble Bench

S.P. Mehrotra, J; R.K. Agrawal, J

Final Decision

Dismissed

Acts Referred
  • Finance Act - Section 80

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

1. For delay in depositing service tax by the respondent-State Bank of India, Assi Branch, Bhaidaini, Varanasi, a penalty of Rs. 11,179/- was imposed which was reduced by the Commissioner (Appeals) to Rs. 5,000/-, which has been upheld by the Tribunal. The revenue has preferred the appeal against the order of the Tribunal dated 20-12-2007. As the revenue effect is only Rs. 600/- (sic) (Rs. 6,000) and odd, the Court is not inclined to entertain the appeal, which is accordingly dismissed.

2. Shri S.K. Mishra, learned Counsel appearing for the Revenue is present.

3. Even otherwise, we find u/s 80 of the Finance Act upon establishing a reasonable cause for the said failure to deposit service tax within stipulated period, the penalty can be waived. This is an additional ground for not entertaining the appeal.

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