2010 (12) TMI 479

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..... . 10,000/- whichever is greater - The Commissioner (Appeals) has given reasons for reduction in the penalty from Rs.10,000/- to Rs.5000/- and no objection has been taken to such reasons by the Revenue in the appeal - Hence,no reason to interfere with the impugned order in the light, of the relevant rule and accordingly uphold the same and reject the appeal. - E/576/2004 - 1249/2010 - Dated:- 8- .....

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..... merits, we heard the learned SDR and perused the records. The rule provides for imposition of penalty which shall not exceed the duty on the goods in respect of which contravention has been committed or Rs. 10,000/- whichever is greater. This brings out clearly that the amount mentioned is the maximum penalty that can be imposed and cannot be treated as a mandatory penalty. The Commissioner (Appea .....

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