https://www.taxtmi.com/caselaws?id=89540 Procedural non-claim of an exemption notification or Modvat declaration did not, by itself, bar reconsideration of substantive entitlement to relief on remand where duty liability on the intermediate product was otherwise accepted and the factual use of inputs could be verified. The assessee's simultaneous availment of Modvat for another product was not treated as a decisive objection to examining the more beneficial benefit for DCP. Penalty for non-payment of duty was found unsustainable where DCP was almost entirely captively consumed in the manufacture of the exempt final product and the default was attributed to a bona fide belief rather than mala fide intent. en-us Tue, 10 Mar 1998 00:00:00 +0530 Tue, 27 Sep 2011 18:47:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=89540 Procedural non-claim of an exemption notification or Modvat declaration did not, by itself, bar reconsideration of substantive entitlement to relief on remand where duty liability on the intermediate product was otherwise accepted and the factual use of inputs could be verified. The assessee's simultaneous availment of Modvat for another product was not treated as a decisive objection to examining the more beneficial benefit for DCP. Penalty for non-payment of duty was found unsustainable where DCP was almost entirely captively consumed in the manufacture of the exempt final product and the default was attributed to a bona fide belief rather than mala fide intent. Case-Laws Central Excise Tue, 10 Mar 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=89540