Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2011 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (2) TMI 484 - KARNATAKA HIGH COURTQuentum of penalty - Discretion - Since, Revenue is not challenging the finding of the Tribunal that the grinding room/enclosure is part and parcel of the immovable property and no duty is leviable thereon - Therefore, the duty levied has to be proportionately reduced - Therefore, the contention that without reducing the duty amount the penalty could not be imposed on the face of it is incorrect. However, the Tribunal reduced the penalty amount to Rs. 25,000/- on the ground that the assessee being young entrepreneur that they were eligible for seeking exemptions as well as for waiver of duty - It cannot be said that the discretion exercised by the Tribunal in reducing the penalty is illegal - Decided against the Revenue
|