ORDER
Archana Wadhwa, Member (J)
1. After allowing the restoration application and restoring the appeal to its original number, I proceed to decide the same inasmuch as a short issue is involved.
2. The appellant is engaged in providing service as Mandap Keeper, which was levied to service tax w.e.f. 06.07.1997, Service tax returns were not submitted in time by the appellant for some period in between. However, the appellant paid the tax totally amounting to Rs. 5,19,602/- alongwith interest amount of Rs. 2,33,691/- on 31.01.2003. The original adjudicating authority, while confirming the duty and interest, also imposed personal penalty equivalent to duty amount. However, on appeal against the same Commissioner (Appeals) took notice of various decisions of the Tribunal as also Section 80 of the Finance Act, 1991, for holding that penalty amount requires reduction as there was reasonable cause for non-payment of tax. He accordingly reduced the penalty imposed under Section 76 of the Finance Act to Rs. 3.75 Lakhs.
3. The appellants’ main contention in the appeal is that in terms of said Section 76, penalty is imposable at the rate of Rs. 100/- per day, which would come to Rs. 1.65 Lakhs. The authorities below have taken the entire quarter into consideration for the purpose of imposition of penalties, instead of taking actual days of delay. After going through the said Section 76, I find that the same provides for imposition of penalty which shall not be less than 100/- per day. As such, I find favour in the above contention of the learned advocate and reduce the penalty to Rs. 1.65 Lakhs. But for the above reduction in the quantum of penalty, appeal is otherwise rejected.
4. ROA application is also disposed off.
(Pronounced in Court)