https://www.taxtmi.com/caselaws?id=109529 Penalty under Rule 173Q of the Central Excise Rules was upheld because Modvat credit was availed in breach of the prescribed procedure, including the required debit and recredit mechanism for job work movements. The technical character of the lapse and the absence of revenue loss did not cure the violation of the statutory rules, and the plea that there was no intention to evade duty was held insufficient once the mandated procedure was not followed. Authorities relied on by the assessee were distinguished on facts and treated as inapplicable, so the order setting aside the penalty was reversed and the penalty restored. en-us Thu, 05 Jun 2003 00:00:00 +0530 Tue, 10 Apr 2012 16:30:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109529 Penalty under Rule 173Q of the Central Excise Rules was upheld because Modvat credit was availed in breach of the prescribed procedure, including the required debit and recredit mechanism for job work movements. The technical character of the lapse and the absence of revenue loss did not cure the violation of the statutory rules, and the plea that there was no intention to evade duty was held insufficient once the mandated procedure was not followed. Authorities relied on by the assessee were distinguished on facts and treated as inapplicable, so the order setting aside the penalty was reversed and the penalty restored. Case-Laws Central Excise Thu, 05 Jun 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109529