2007 (10) TMI 277

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..... to reconsider the matter, to find out whether discretion vested with concerned officer to levy penalty used properly or not – held that appellate Court can reduce penalty, even if provisions under Finance Act to reduce penalty are absent - 74 of 2006 - - - Dated:- 23-10-2007 - K.L. Manjunath and Arali Nagaraj, JJ. Shri H. Jayakara Shetty, Advocate, for the Appellant. S/Shri S. Sreevatsa .....

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..... (hereinafter referred to as 'Tribunal' for short). The Tribunal has confirmed the order passed by the Commissioner of Central Excise (Appeals), Mangalore as per Annexure-D dated 11-11-2005. 2. We have heard the learned counsel appearing for both the parties. 3. According to the learned counsel for the appellant there is no provision under the Finance Act, 1994 enabling the Commissioner to .....

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..... e officer concerned, we are of the opinion mat the Appellate Court can reconsider the matter and find out whether the discretion used by the authority was proper or not. Even though there is no provision under Section 76 to reduce the penalty, it does not mean that the Appellate Court is not vested with the power to reduce the penalty, if the discretion is not exercised by the Original Authority j .....

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