IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO. 8 OF 2007 CENTRAL EXCISE APPEAL NO. 8 OF 2007 CENTRAL EXCISE APPEAL NO. 8 OF 2007 Commissioner of Service Tax, Mumbai.. Appellant Commissioner of Service Tax, Mumbai.. Appellant Commissioner of Service Tax, Mumbai.. Appellant Versus Versus Versus M/s S.R.Enterprises, Mumbai ..Respondent M/s S.R.Enterprises, Mumbai ..Respondent M/s S.R.Enterprises, Mumbai ..Respondent ---- ---- ---- Ms.Nita Masurkar with Mr.R.C.Master & Ms.Nita Masurkar with Mr.R.C.Master & Ms.Nita Masurkar with Mr.R.C.Master & Mr.H.P.Chaturvedi for the Appellant Mr.H.P.Chaturvedi for the Appellant Mr.H.P.Chaturvedi for the Appellant None for Respondent None for Respondent None for Respondent CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND CORAM: F.I.REBELLO AND R.S.MOHITE, JJ R.S.MOHITE, JJ R.S.MOHITE, JJ DATED: 30TH NOVEMBER, 2007 DATED: 30TH NOVEMBER, 2007 DATED: 30TH NOVEMBER, 2007 PC PC PC 1. The learned CESTAT on the facts and 1. The learned CESTAT on the facts and 1. The learned CESTAT on the facts and circumstances reduced the amount of penalty under circumstances reduced the amount of penalty under circumstances reduced the amount of penalty under the provisions of the Finance Act. On consideration the provisions of the Finance Act. On consideration the provisions of the Finance Act. On consideration of provisions of sections 76, 77 and 80 of the of provisions of sections 76, 77 and 80 of the of provisions of sections 76, 77 and 80 of the Finance Act, we have held that there is power in the Finance Act, we have held that there is power in the Finance Act, we have held that there is power in the authority to reduce the amount of penalty. Once authority to reduce the amount of penalty. Once authority to reduce the amount of penalty. Once there be such a power in the absence of showing that there be such a power in the absence of showing that there be such a power in the absence of showing that the power has been exercised arbitrarily, it will the power has been exercised arbitrarily, it will the power has been exercised arbitrarily, it will not be open to this Court to interfere with the not be open to this Court to interfere with the not be open to this Court to interfere with the exercise of discretion. The tribunal in para 5 has exercise of discretion. The tribunal in para 5 has exercise of discretion. The tribunal in para 5 has set out that considering the record, they are set out that considering the record, they are set out that considering the record, they are reducing the amount of penalty. In our opinion, reducing the amount of penalty. In our opinion, reducing the amount of penalty. In our opinion, considering the same questions of law would not considering the same questions of law would not considering the same questions of law would not arise. Consequently, appeal is dismissed. arise. Consequently, appeal is dismissed. arise. Consequently, appeal is dismissed. (F.I.Rebello,J) (F.I.Rebello,J) (F.I.Rebello,J) : 2 : : 2 : : 2 : (R.S.Mohite, J) (R.S.Mohite, J) (R.S.Mohite, J)