https://www.taxtmi.com/caselaws?id=77884 Penalty under Rule 173Q of the Central Excise Rules, 1944 was held unsustainable where Modvat credit on welding electrodes remained a debatable issue and had not been finally settled. The Court noted that several appeals had already arisen on the same question, showing that the underlying credit entitlement was still under dispute. In those circumstances, the basis for imposing penalty did not survive, and deletion of the penalty was justified. The Court also stated that no substantial question of law arose, leaving the assessee entitled to relief. en-us Wed, 25 Nov 2009 00:00:00 +0530 Fri, 12 Jan 2018 17:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=77884 Penalty under Rule 173Q of the Central Excise Rules, 1944 was held unsustainable where Modvat credit on welding electrodes remained a debatable issue and had not been finally settled. The Court noted that several appeals had already arisen on the same question, showing that the underlying credit entitlement was still under dispute. In those circumstances, the basis for imposing penalty did not survive, and deletion of the penalty was justified. The Court also stated that no substantial question of law arose, leaving the assessee entitled to relief. Case-Laws Central Excise Wed, 25 Nov 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=77884