https://www.taxtmi.com/caselaws?id=107947 Mandatory penalty under Section 11AC of the Central Excise Act was considered unsustainable on the existing facts where the confirmed duty was minimal and the inadmissible Modvat credit was not disputed. The Tribunal noted that no penalty had been imposed under Rule 57-I and that the material on record did not justify the full penalty initially imposed. The proper course was to remit the matter for fresh hearing and redetermination of penalty in accordance with law, while leaving the duty finding undisturbed. en-us Wed, 10 Sep 2003 00:00:00 +0530 Tue, 27 Mar 2012 18:47:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=107947 Mandatory penalty under Section 11AC of the Central Excise Act was considered unsustainable on the existing facts where the confirmed duty was minimal and the inadmissible Modvat credit was not disputed. The Tribunal noted that no penalty had been imposed under Rule 57-I and that the material on record did not justify the full penalty initially imposed. The proper course was to remit the matter for fresh hearing and redetermination of penalty in accordance with law, while leaving the duty finding undisturbed. Case-Laws Central Excise Wed, 10 Sep 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=107947