https://www.taxtmi.com/caselaws?id=84891 Modvat credit taken after filing the required declaration but before its acknowledgement was treated as a purely technical lapse where RT-12 returns and RG-23A extracts were regularly filed; the related penalty was therefore unsustainable. Short payment of duty at an incorrect rate and an unexplained shortage of DPC Copper Wire supported penalty under Rule 173Q(1)(a). However, the differential duty had been paid and the circumstances justified reducing that penalty. The applicable principle distinguishes procedural non-compliance without substantive default from unexplained duty shortfall and stock shortage, which may attract penal action subject to proportionate quantum. en-us Wed, 13 Dec 1995 00:00:00 +0530 Mon, 01 Aug 2011 13:12:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=84891 Modvat credit taken after filing the required declaration but before its acknowledgement was treated as a purely technical lapse where RT-12 returns and RG-23A extracts were regularly filed; the related penalty was therefore unsustainable. Short payment of duty at an incorrect rate and an unexplained shortage of DPC Copper Wire supported penalty under Rule 173Q(1)(a). However, the differential duty had been paid and the circumstances justified reducing that penalty. The applicable principle distinguishes procedural non-compliance without substantive default from unexplained duty shortfall and stock shortage, which may attract penal action subject to proportionate quantum. Case-Laws Central Excise Wed, 13 Dec 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=84891