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<h1>Appeal allowed, penalty set aside. Commissioner's order upheld. Stay application disposed.</h1> The appeal was allowed, and the penalty of Rs. 20,000 imposed on the appellants was set aside by the Tribunal. The Commissioner's order regularizing the ... Modvat on Capital goods - Penalty The appeal was in relation to a penalty of Rs. 20,000 imposed on the appellants for allegedly taking pre-mature credit before installation of Capital Goods. The Commissioner's order regularized the credit taken earlier but imposed the penalty. The Tribunal found that the appellants cannot be blamed for taking and utilizing the credit as there were no clear instructions at that time. The appeal was allowed, and the penalty was set aside. The stay application was disposed of as the appeal was already decided.