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2009 (4) TMI 527 - HC - Central ExciseWhether the Tribunal is right in reducing the penalty when there is a provision under Rule 57-I(4) of the Rules and Section 11AC of Central Excise Act, 1944 to impose a penalty equal to the amount evaded/disallowed and also when the 1st respondent evaded duty by willfully suppressing the facts and the evasion was unearthed by the Revenue in surprise checks – Held that:- where the outer limit of penalty is fixed, which indicates the scope of discretion, Rules 57-I provides for imposition of a penalty equal to the credit so dissolved and therefore, as regards the imposition of penalty under Rule 57-I in a sum of Rs. 1,64,687/- could not have been reduced. Whereas, since the discretion is vested with the authority to reduce the penalty under Section 173Q, that is not interfered with. The civil miscellaneous appeal is allowed
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