https://www.taxtmi.com/caselaws?id=78516 Penalty provisions framed with the words "not exceeding" in rule 13(i) of the Cenvat Credit Excise Rules, 2002 and rule 26 of the Central Excise Rules, 2002 prescribe only a maximum ceiling and do not create a minimum mandatory penalty. The quantum below that ceiling remains within the adjudicating authority's discretion, depending on the facts of the case. On that footing, reduction of penalty by the Commissioner (Appeals) was permissible, and the challenge to the reduced penalty failed. The appeal was dismissed and the impugned order was left undisturbed. en-us Wed, 05 May 2010 00:00:00 +0530 Mon, 10 Jan 2011 10:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=78516 Penalty provisions framed with the words "not exceeding" in rule 13(i) of the Cenvat Credit Excise Rules, 2002 and rule 26 of the Central Excise Rules, 2002 prescribe only a maximum ceiling and do not create a minimum mandatory penalty. The quantum below that ceiling remains within the adjudicating authority's discretion, depending on the facts of the case. On that footing, reduction of penalty by the Commissioner (Appeals) was permissible, and the challenge to the reduced penalty failed. The appeal was dismissed and the impugned order was left undisturbed. Case-Laws Service Tax Wed, 05 May 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=78516