https://www.taxtmi.com/caselaws?id=109006 Penalty was not leviable for the delayed filing of a Modvat declaration where the assessees had already furnished the relevant input and product particulars while seeking Proforma Credit. The only lapse was the failure to file the declaration in time after switching from Proforma Credit to Modvat Credit, and the Department did not dispute the substantive admissibility of the credit. As the omission was procedural and occurred during a transition between comparable duty-credit schemes, penalty was held unwarranted. The appeals were allowed on that basis. en-us Fri, 13 Jun 2003 00:00:00 +0530 Thu, 05 Apr 2012 13:47:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109006 Penalty was not leviable for the delayed filing of a Modvat declaration where the assessees had already furnished the relevant input and product particulars while seeking Proforma Credit. The only lapse was the failure to file the declaration in time after switching from Proforma Credit to Modvat Credit, and the Department did not dispute the substantive admissibility of the credit. As the omission was procedural and occurred during a transition between comparable duty-credit schemes, penalty was held unwarranted. The appeals were allowed on that basis. Case-Laws Central Excise Fri, 13 Jun 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109006