https://www.taxtmi.com/caselaws?id=77434 Modvat credit on polystyrene was upheld as disallowable and recoverable where the assessee failed to produce supporting documents showing return of the inputs from the job worker, and the record, including the job worker's statement, did not establish receipt back of the goods. Penalty under Section 11AC of the Central Excise Act could not be sustained because the show-cause notice invoked only Rule 173Q of the Central Excise Rules; a penalty cannot be imposed under an unnotified provision without fair notice and opportunity of defence. The credit demand was maintained, while the penalty failed for want of proper notice. en-us Mon, 19 Jul 2010 00:00:00 +0530 Wed, 19 Jan 2011 14:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=77434 Modvat credit on polystyrene was upheld as disallowable and recoverable where the assessee failed to produce supporting documents showing return of the inputs from the job worker, and the record, including the job worker's statement, did not establish receipt back of the goods. Penalty under Section 11AC of the Central Excise Act could not be sustained because the show-cause notice invoked only Rule 173Q of the Central Excise Rules; a penalty cannot be imposed under an unnotified provision without fair notice and opportunity of defence. The credit demand was maintained, while the penalty failed for want of proper notice. Case-Laws Central Excise Mon, 19 Jul 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=77434