2009 (4) TMI 527

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....t per : Prabha Sridevan, J.]. -  The following question of law was raised in the above appeal but not framed at the time of admission and accordingly, the following question of law is framed for consideration :- Whether the Tribunal is right in reducing the penalty from Rs. 1,64,687/- to Rs. 16,000/- when there is a provision under Rule 57-I(4) of the Rules and Section 11AC of Central Excis....

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....ty, proceeded to reduce the monetary penalty imposable under Rule 173Q of Central Excise Rules, 1944. The Hon'ble Apex Court in the decision cited supra held that it is a well settled principle in law that the Court cannot read anything into a statutory provision or a stipulated condition which is plain and unambiguous and the language employed in a statute is the determinative factor of legislati....

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....ral Excise Rules, 1994 on M/s. Drums & Barrels (Madras) Pvt. Limited and (v)    direct the assessees to pay interest at appropriate rates as provided in the Modvat Rules. 5. While 173Q providers for discretion with the authority with regard to the quantum of penalty. In the same case, the Supreme Court observed in Paragraph 7 that, where the outer limit of penalty is fixed, w....