CCE &C vs. Ashish Anand & Co (2014 (33) STR 153 (Guj))
Facts:
The short question under consideration was whether penalty u/s. 76 of the Finance Act, 1994 (the Act) be reduced below the minimum limit prescribed by invoking section 80 of the Act. The department argued that the Commissioner (Appeals) andCESTAT had no authority to reduce the penalty as provided in the law.
Held:
Applying
the
decision
of
the
Gujarat
High
Court
in Port
Officer
2010
(19)
STR
641
(Guj),
it
was
observed that
section
80
of
the
Finance
Act,
1994
had
an overriding
effect
over
sections
76,
77,
78
and
79
of the
Act
(the
Act)
and
no
penalty
was
imposable
in case
of
reasonable
cause
for
failure
to
comply
with laws
as
provided
in
respective
sections.
The authorities,
Commissioner
(Appeals)
and
CESTAT
however, do
not
have
powers
to
levy
penalty
below
minimumprescribed
limit
and
therefore,
it
was
held
that
penalty
u/s.
76
could
not
be
reduced
below
the
minimum prescribed
limit
by
invoking
section
80
of
the
Act.
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