https://www.taxtmi.com/caselaws?id=81893 Penalty under Rule 173Q of the Central Excise Rules, 1944 was held unsustainable where Modvat credit was entered in RG-23A Part-I before physical receipt of goods, but the goods and duty-paying documents were received shortly thereafter and there was no misuse of credit. The record showed substantive compliance with the Modvat scheme, and the breach was treated as merely technical. Applying the principle that penalty is not warranted for a venial breach without deliberate defiance of law, the penalty was set aside. en-us Fri, 29 May 1992 00:00:00 +0530 Wed, 29 Jun 2011 15:57:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=81893 Penalty under Rule 173Q of the Central Excise Rules, 1944 was held unsustainable where Modvat credit was entered in RG-23A Part-I before physical receipt of goods, but the goods and duty-paying documents were received shortly thereafter and there was no misuse of credit. The record showed substantive compliance with the Modvat scheme, and the breach was treated as merely technical. Applying the principle that penalty is not warranted for a venial breach without deliberate defiance of law, the penalty was set aside. Case-Laws Central Excise Fri, 29 May 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=81893