UNION OF INDIA Vs. SHIV RATAN ADVERTISERS

JUDGEMENT

(1.) THE controversy involved in the present case is covered by the judgment of this Court dated 23 -4 -2008 passed in Union of India v. Aakar Advertising being Central Excise Appeals No. wherein it has been held that the authority including the Tribunal have no jurisdiction to reduce the penalty below the minimum prescribed.

(2.) ACCORDINGLY , this appeal is also decided on the same lines holding that the authorities below cannot reduce the penalty below the minimum, and matter is remanded back to the learned Commissioner to be decided afresh the amount of penalty to be imposed under Section 76 between the minimum and maximum permissible limits.