2024 (6) TMI 1116

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....dent : Mr. Prakash Shah a/w. Mr. Jas Sanghavi i/by PDS Legal. P.C.: 1. The following substantial questions of law have been proposed: "(A) Whether the Hon'ble CESTAT was justified in setting aside that part of the order-in-original 04/RKS/ST/PI/2013 dated 21.02.2013 that imposed penalties on M/s Serene Developers ? (B) Whether the Hon'ble CESTAT was justified in holding tha....

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....d reading of Section 70 and Section 77 (2) show that the imposition of penalty under Section 77 (2) is in no way related to the fact of payment of duty along with interest prior to the issuing of Show Cause Notice ? (D) Whether in the fact and circumstance of this case the Hon'ble CESTAT was right in setting aside the penalty under Section 78 of the Finance Act 1994, without taking recour....

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....Spinning & Weaving Mills. 2009 (238) E.L.T. (S.C.) ?" 2. After we went through the proposed questions of law, counsel for Appellant in fairness agreed that only ground in appeal raised relates to the penalty imposed on Respondent and therefore, only proposed question of law at serial no. (A) above will be relevant. The Department is unhappy with the fact that the Tribunal has set aside the orde....

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....its discretion and set aside that part of the impugned Order-In-Original that imposed penalty on Respondent. 5. It is well settled principle that an Appellate Court ought not to interfere with exercise of discretion except where such exercise has been shown to be arbitrary, capricious or perverse. Further, the Appellate Court ought not to reassess the material and seek to reach a different conc....