https://www.taxtmi.com/caselaws?id=92939 Penalty for alleged wrongful availment of Modvat credit was held unsustainable where the show cause notice did not specifically allege fraud, suppression or misdeclaration and did not clearly set out the exact penal basis or rule invoked. The penalty was said to rely mainly on an earlier letter treated as an admission, but that letter did not remove the need for further enquiry and proof. As no additional supporting evidence had been collected and the assessee was not given material for an effective reply, the evidentiary foundation for penalty was found insufficient, and penalty under Rule 173Q(bb) was set aside. en-us Thu, 11 Mar 1999 00:00:00 +0530 Mon, 07 Nov 2011 12:14:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=92939 Penalty for alleged wrongful availment of Modvat credit was held unsustainable where the show cause notice did not specifically allege fraud, suppression or misdeclaration and did not clearly set out the exact penal basis or rule invoked. The penalty was said to rely mainly on an earlier letter treated as an admission, but that letter did not remove the need for further enquiry and proof. As no additional supporting evidence had been collected and the assessee was not given material for an effective reply, the evidentiary foundation for penalty was found insufficient, and penalty under Rule 173Q(bb) was set aside. Case-Laws Central Excise Thu, 11 Mar 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=92939