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of <h1>Appellate Tribunal overturns penalty hike by Central Excise, citing Finance Act discretion</h1> <h3>MEDIA ADVERTISING & MARKETING Versus COMMISSIONER OF C. EX., NASIK</h3> The Appellate Tribunal CESTAT, Mumbai set aside the penalty enhancement imposed by the Commissioner of Central Excise on the appellants, citing discretion ... Comm.(A) enhanced the penalty on the ground that minimum penalty prescribed u/s 76 is Rs. 100 per day – In view of HC decisions, there is discretion in quantum of penalty u/s 76 – Moreover, no reason given for enhancement so penalty cannot e enhanced The Appellate Tribunal CESTAT, Mumbai set aside the penalty enhancement imposed by the Commissioner of Central Excise on the appellants, citing discretion in penalty quantum under Section 76 of the Finance Act, 1994. The Tribunal found the enhancement not sustainable and allowed the appeal.
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