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2014 (12) TMI 690 - HC - CustomsPenalty u/s 114 - Demand of differential duty - Mandatory penalty - whether the Appellate Tribunal is having power to reduce penalty from 25% to the tune of ₹ 30,000 - Held that:- As per the dictum given by the Hon’ble Apex Court [2008 (9) TMI 52 - SUPREME COURT], imposition of penalty is mandatory. Since the imposition of penalty is mandatory as prescribed in the Act, question of reduction does not arise. Under the said circumstances the reduction given by the Appellate Tribunal is not legally sustainable and further the Appellate Tribunal has not given any proper reason for reducing the penalty and it has reduced the penalty only on the basis of undertaking alleged to have been given by the respondent and therefore the order passed by the Appellate Tribunal is liable to be set aside and the matter is liable to be remitted to the file of the Appellate Tribunal for considering the legal point involved in the present Civil Miscellaneous Appeal afresh and since the matter is liable to be remitted to the file of the Appellate Tribunal, the substantial questions of law formulated in the present Civil Miscellaneous Appeal need not be decided now. - Decided in favour of Revenue.
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