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2014 (5) TMI 300 - HC - Central ExciseLevy of penalty - Whether on the facts and circumstances of the case, the Tribunal was justified in reducing the penalty levied on the assessee under Rule 96ZO(3) (ii) of the Central Excise Rules, 1944? - Held that:- when Section 37, which is the rule making power, is clear that penalty can be imposed only when the assessee is guilty of intending to evade the payment of duty, the penalty cannot be imposed without such intention. Furthermore, even when intention may be there, the penalty must be reasonable and cannot, in all cases, be fixed at 100% of the excise leviable. Each case must be decided on its own facts and circumstances. - Following the decision in Bansal Alloys & Metals Pvt. Ltd's case [2010 (11) TMI 83 - PUNJAB & HARYANA HIGH COURT], decided against the revenue.
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