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2017 (2) TMI 1041 - SUPREME COURTQuantum of penalty - the respondent manufactured copper coils from the copper strips and used them capatively in the up-gradation of smoothing reactors. The respondent, however, neither paid any duty on the copper coil used by them capatively in their modification activity undertaken at the relevant period nor did they submit the requisite declaration u/r 173-C of the CER, 1944 - Held that: - the Tribunal erred in reducing the amount of penalty from ₹ 2,06,000/- to ₹ 50,000/-. Indeed, the Tribunal, failed to take into consideration the law laid down in the case of Dharamendra Textile Processors [2008 (9) TMI 52 - SUPREME COURT] which the Tribunal was bound to take while deciding the appeal and instead the Tribunal wrongly placed reliance on its own decision in the case of Escorts JCB Ltd. vs CCE [1999 (8) TMI 141 - CEGAT, NEW DELHI] - the Tribunal also gave no justifiable legal reasons for reducing the penalty amount. Appeal allowed - decided in favor of appellant-Revenue.
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