https://www.taxtmi.com/caselaws?id=95412 Mere shifting of Modvat-availed capital goods to an adjacent premises within the factory precincts, due to space constraints, was treated as outside the mischief of Rule 57-S(1)(ii) because the provision contemplated a qualified removal linked with export or home consumption. On the facts described, the credit had already been reversed and there was no finding of fraud, wilful contravention, or intent to evade duty, so the basis for mandatory penalty under Rule 57-U(6) was absent. The document states that the alleged violation was not established and the penalty was not sustainable, resulting in relief to the assessee. en-us Wed, 17 Jan 2001 00:00:00 +0530 Mon, 12 Dec 2011 12:30:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=95412 Mere shifting of Modvat-availed capital goods to an adjacent premises within the factory precincts, due to space constraints, was treated as outside the mischief of Rule 57-S(1)(ii) because the provision contemplated a qualified removal linked with export or home consumption. On the facts described, the credit had already been reversed and there was no finding of fraud, wilful contravention, or intent to evade duty, so the basis for mandatory penalty under Rule 57-U(6) was absent. The document states that the alleged violation was not established and the penalty was not sustainable, resulting in relief to the assessee. Case-Laws Central Excise Wed, 17 Jan 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=95412