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TMI Blog2007 (2) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision of the Commissioner (Appeals) to the extent that it reduces the redemption fines in respect of seizures made on 16-1-1998 and 23-1-1998 to Rs. 10,000/- in each case from Rs. 30,500/-and Rs. 40,000/- respectively, and reduces the penalties to Rs. 2,000/- in each under Section 173Q of the Rules of 1944 from Rs. 10,000/- and Rs. 30,000/-respectively imposed by the adjudicating authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption fine, it appears that the original authority had imposed redemption fine of Rs. 30,500/- in respect of the confiscation of the goods seized on 16-1-1998 and Rs. 40,000/- in respect of confiscation of goods seized on 23-1-1998. The Revenue had never challenged the fines imposed by the adjudicating authority by contending that they had no nexus with the market value of the goods. Having regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Central Excise, Lucknow v. Kisan Sahkari Chini Mills Ltd. decided on 11-8-2005 and reported in 2006 (193) E.L.T. 365 cannot revail as it is per incuriam i.e. without noticing the said binding decision of the Division Bench in Bharat Petroleum Corporation Ltd. (supra) which in terms, has laid down in Paragraph 5 of the judgment that, minimum penalty prescribed, under Rule 173Q is of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was held in the context of Rule 173Q(1) in Paragraph 11 of the judgment that, where three times of the value of excisable goods is less than Rs. 5,000/- then the penalty imposed would be Rs. 5,000/- and if it is more than Rs. 5,000/- then such greater amount will be imposed. Therefore, penalty of Rs. 5,000/- prescribed under Rule 173Q(1) would constitute minimum penalty required to be imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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