(1.) FOR delay in depositing service tax by the respondent - State Bank of India Assi Branch, Bhaidaini, Varanasi, a penalty of Rs. 4,897 was imposed which was reduced by the Commissioner (Appeals) to Rs. 2,000, 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 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. Even otherwise, we find under Section 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.