https://www.taxtmi.com/caselaws?id=91755 Penalty under Rule 173Q of the Central Excise Rules, 1944 was held unsustainable because the duty paid on the final product was available as Modvat credit to the customer, making the transaction revenue neutral. On that basis, the Tribunal found that no net duty evasion arose and an intention to evade duty could not be inferred. The penalty issue was treated as already covered by earlier Tribunal decisions applying the same principle, and the appeal succeeded on the penalty question. en-us Mon, 22 Mar 1999 00:00:00 +0530 Thu, 20 Oct 2011 17:02:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=91755 Penalty under Rule 173Q of the Central Excise Rules, 1944 was held unsustainable because the duty paid on the final product was available as Modvat credit to the customer, making the transaction revenue neutral. On that basis, the Tribunal found that no net duty evasion arose and an intention to evade duty could not be inferred. The penalty issue was treated as already covered by earlier Tribunal decisions applying the same principle, and the appeal succeeded on the penalty question. Case-Laws Central Excise Mon, 22 Mar 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=91755