https://www.taxtmi.com/caselaws?id=93459 Penalty under Rule 173Q of the Central Excise Rules cannot survive where Modvat credit has been accepted as rightly availed. The rule presupposes a violation of the excise rules, and once the appellate authority found no wrongful availment of credit, the legal basis for penalty disappeared. On that footing, the penalty was held unsustainable and the appeals were allowed. en-us Tue, 11 Apr 2000 00:00:00 +0530 Fri, 11 Nov 2011 15:21:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=93459 Penalty under Rule 173Q of the Central Excise Rules cannot survive where Modvat credit has been accepted as rightly availed. The rule presupposes a violation of the excise rules, and once the appellate authority found no wrongful availment of credit, the legal basis for penalty disappeared. On that footing, the penalty was held unsustainable and the appeals were allowed. Case-Laws Central Excise Tue, 11 Apr 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=93459