COMMISSIONER OF CENTRAL EXCISE. Vs. VISHWANATHA KARKERA

JUDGEMENT

(1.) THIS appeal is filed under Section 35 of the Central Excise Act by the Commissioner of Central Excise, Mangalore challenging the order passed by the CESTAT, Bangalore in Appeal No. ST/26/2005. The said appeal was filed by the present appellant -the Commissioner of Central Excise, Mangalore challenging the order passed by the Commissioner of Central Excise (Appeals), Mangalore in Appeal No. 12/2004 CE dated 21 -1 -2004 wherein, the appeal filed by the respondent Viswanath Karkera was allowed in part by reducing the penalty from Rs. 31,710/ - to Rs. 5,000/ - under Section 76 of the Act. Against the same, the appellant herein had filed an appeal before the Customs, Excise & Service Tax Appellate Tribunal (hereinafter referred to as 'Tribunal' for short). The Tribunal has confirmed the order passed by the Commissioner of Central Excise (Appeals), Mangalore as per Annexure -D dated 11 -11 -2005.

(2.) WE have heard the learned Counsel appearing for both the parties.

(3.) IN this background, we have examined the provision of Section 76 of the Finance Act, 1994.