TMI Blog2017 (9) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of The Commissioner of Central Excise, Chennai-II, Chennai Versus M/s. Arun Vyapar Udyog Ltd. [2016 (11) TMI 191 - MADRAS HIGH COURT], where it was held that Penalty, as such, cannot be imposed, in the light of the decision of the Hon'ble Supreme Court in Shree Bhagwati Steel Rolling Mills v. Commissioner of Central Excise[2015 (11) TMI 1172 - SUPREME COURT], wherein, the issue, which c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l is right in exercising the non-existent element of discretion under Rule 96 ZP (3) of the erstwhile Central Excise Rules, 1944 to reduce the quantum of penalties that was rightly imposed by the adjudicating authority and upheld by the lower appellate forum after due process of law and based on the findings that the respondents had defaulted in payment of duty? (b) Whether the Hon'ble Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alty. The Tribunal, while directing the Commissioner to fix the ACP, has set aside the penalty also. Penalty, as such, cannot be imposed, in the light of the decision of the Hon ble Supreme Court in Shree Bhagwati Steel Rolling Mills V. Commissioner of Central Excise reported in 2015(326) ELT 209 (SC), wherein, the issue, which came up for consideration before the Hon'ble Supreme Court, was to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al questions of law raised in the appeals are answered against the revenue. 3. Going through the judgment stated Mr.Rajasekar, learned Central Government Standing Counsel for the appellant also submitted that Hon'ble Supreme Court has set aside the penalty, and that the judgment in Arun Vyapar's case, applies to the case on hand also. 4. In the light of the above decision and placi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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