2009 (4) TMI 527

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....arance, for the Respondent. [Judgment 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 ....

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....he removal of inputs, without expunging the credity, 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....

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....e a penalty of Rs. 25,000/- under Rule 173Q of the Central 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 Par....