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TMI Blog2011 (2) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... y reduced - Therefore, the contention that without reducing the duty amount the penalty could not be imposed on the face of it is incorrect. However, the Tribunal reduced the penalty amount to Rs. 25,000/- on the ground that the assessee being young entrepreneur that they were eligible for seeking exemptions as well as for waiver of duty - It cannot be said that the discretion exercised by the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... losure it is constructed of MS Square Tubes, MS Outer Surface and perforated inner surface. The gap between the inner and the outer surface are filled with mineral wool which absorbs the sound. The enclosure is provided with air ventilation and exhaust system. The Ventilation system is provided to supply air to the people working in the room/enclosure and also to have a comfortable environment in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd parcel of the immovable property and no duty is leviable thereon. Therefore the Commissioner was directed to re-work the duty amount by excluding the duty on the grinding room/enclosure. They also restricted the penalty imposed to Rs. 25,000/- and accordingly the order passed by the lower authority was modified. Aggrieved by the said order the Revenue is in appeal. 2. The substantial question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal reduced the penalty amount to Rs. 25,000/- on the ground that the assessee being young entrepreneur that they were eligible for seeking exemptions as well as for waiver of duty. In those circumstances it was held that the imposition of maximum penalty in law would not be proper and therefore it was reduced to Rs. 25,000/- Under these circumstances, it cannot be said that the discretion exe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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