Commissioner Of Central Excise ... vs Ashish Vasantrao Patil
2007 Latest Caselaw 1012 Bom

Citation : 2007 Latest Caselaw 1012 Bom
Judgement Date : 18 October, 2007

Bombay High Court

Commissioner Of Central Excise ... vs Ashish Vasantrao Patil on 18 October, 2007

Equivalent citations: 2008 10 S T R 5

Bench: F Rebello, J Devadhar

ORDER

1. Revenue is in appeal against the order of CESTAT dated 15-2-2006 2006 (3) S.T.R. 184 (Tribunal). By that order, for the reasons set out in para 4, the Learned Tribunal considered the power conferred on it under Section 80 of the Finance Act, 1994 exercised its discretion and reduced penalty to the sum of Rs. 4,000/-

2. We have taken a view that considering Section 76 and 80, it is open to the Tribunal to exercise such discretion. Once the discretion is exercised and we find that there are germane reasons recorded, the question of law as framed would not arise. Consequently the appeal is dismissed.

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