https://www.taxtmi.com/caselaws?id=110723 Penalty under Rule 173Q was not justified where the assessee wrongly availed Modvat credit but reversed it before the show cause notice and informed the department of the error. The decisive factor was the absence of intention to evade duty or defraud the Revenue; without such culpable intent, the factual basis for penalty was not made out. Relief was therefore available to the assessee. en-us Wed, 17 Sep 2003 00:00:00 +0530 Wed, 18 Apr 2012 13:25:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110723 Penalty under Rule 173Q was not justified where the assessee wrongly availed Modvat credit but reversed it before the show cause notice and informed the department of the error. The decisive factor was the absence of intention to evade duty or defraud the Revenue; without such culpable intent, the factual basis for penalty was not made out. Relief was therefore available to the assessee. Case-Laws Central Excise Wed, 17 Sep 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110723