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TMI Blog2014 (12) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... prescribed under law. At that stage, no discretion is left to the Authorities in the matter of imposing penalty. The law provides that the penalty payable would be not less than equal to the duty payable. Further, the law provides, if the assessee pays the duty with interest within 30 days from the date of the order, then the penalty payable would be 25% of what is imposed. Therefore, the statute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the authority as prescribed under law, and therefore, the order passed by the Tribunal reducing the penalty is one without jurisdiction and, accordingly, it is hereby set aside - Decided in favour of Revenue. - CSTA No. 51 of 2009 - - - Dated:- 29-1-2014 - N. Kumar and C.R. Kumaraswamy, JJ. Shri Jeevan J. Neeralgi, Advocate, for the Appellant. Shri Sangram S. Kulkarni, Advocate, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has undervalued 14 consignments by misdeclaring the actual payments made to IOCL by way of suppressing the facilitation charges, bank charges, demurrages and survey fees incurred on the imported goods. In respect of 12 bills of entry where assessment was final, short levy was found to be ₹ 59,77,452/-. Therefore, after issuing notice to the assessee and after hearing him, the Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The Revenue has preferred this appeal challenging the order of the Tribunal and its jurisdiction to reduce the penalty. 5. The Apex Court has held that imposition of penalty under the Act is not automatic. However, once the conditions which give rise to imposition of penalty exists then the penalty has to be imposed as prescribed under law. At that stage, no discretion is left to the Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isdiction left with the Tribunal to reduce the penalty. The law on the point is now well settled. Once the authorities decide to impose penalty, no discretion is left in the matter of imposing of penalty except as provided under law. Even the Tribunal also has not been vested with any power to reduce the penalty, which is imposed by the authority as prescribed under law, and therefore, the order p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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