2004 (11) TMI 563

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... id duty with interest subsequent to the date of payment. The contention of the appellant is that duty alongwith interest has been paid, therefore, they are only asking for reduction of penalty. The appellant relied upon the decision of the Hon'ble Supreme Court in the case of State of Madhya Pradesh v. Bharat Heavy Electricals, 1998 (99) ELT 33 and in the case of Ambuja Synthetics Mills Ltd. a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e assessee by reducing the penalty which is strictly speaking could not do so. 2. We find that in this case only issue is whether penalty imposed under the compounded levy scheme, for delayed payment of duty, shall be equal to the duty amount or there is a discretion with the Assessing Authority or the Appellate Authority to reduce the same. We find that the Hon'ble Supreme Court in the cas .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X