https://www.taxtmi.com/caselaws?id=91879 Penalty under the Central Excise Rules was not sustainable where the assessee's Modvat credit claim had already been accepted as legally admissible. Once the appellate authority upheld the credit, the foundation for treating the claim as wrongful disappeared, and no rule violation remained to attract penal action. On that basis, penalty under Rule 173Q could not be levied, and the assessee succeeded on the penalty issue. en-us Wed, 30 Jun 1999 00:00:00 +0530 Fri, 21 Oct 2011 16:28:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=91879 Penalty under the Central Excise Rules was not sustainable where the assessee's Modvat credit claim had already been accepted as legally admissible. Once the appellate authority upheld the credit, the foundation for treating the claim as wrongful disappeared, and no rule violation remained to attract penal action. On that basis, penalty under Rule 173Q could not be levied, and the assessee succeeded on the penalty issue. Case-Laws Central Excise Wed, 30 Jun 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=91879