https://www.taxtmi.com/caselaws?id=3415 Section 76 of the Central Excise Act, 1944 prescribes penalty for the relevant default, but Section 80 gives the authority discretion to waive or reduce that penalty when the statutory conditions are satisfied. The existence of Section 80 shows that the penalty under Section 76 is not mandatory in every case without exception. The Bombay High Court therefore rejected the revenue's contention that no discretion existed and recognised the authority's power to impose a lesser penalty where justified. en-us Fri, 17 Aug 2007 00:00:00 +0530 Wed, 16 Apr 2008 18:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=3415 Section 76 of the Central Excise Act, 1944 prescribes penalty for the relevant default, but Section 80 gives the authority discretion to waive or reduce that penalty when the statutory conditions are satisfied. The existence of Section 80 shows that the penalty under Section 76 is not mandatory in every case without exception. The Bombay High Court therefore rejected the revenue's contention that no discretion existed and recognised the authority's power to impose a lesser penalty where justified. Case-Laws Service Tax Fri, 17 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=3415