https://www.taxtmi.com/caselaws?id=110803 Penalty under Rule 173Q was held unsustainable because the revenue had not proved deliberate intention to evade duty, and the Modvat credit on the diesel generating set had been reversed before the show cause notice. The assessee's bona fide belief that the equipment used in adjoining premises could qualify for credit, together with the pre-notice reversal, negatived the basis for penalty. Confiscation of the diesel generating set and the redemption fine were also found unsustainable because the goods had suffered duty and were not non-duty-paid clearances, so the credit dispute alone could not justify confiscation. en-us Thu, 01 Jan 2004 00:00:00 +0530 Wed, 18 Apr 2012 16:48:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110803 Penalty under Rule 173Q was held unsustainable because the revenue had not proved deliberate intention to evade duty, and the Modvat credit on the diesel generating set had been reversed before the show cause notice. The assessee's bona fide belief that the equipment used in adjoining premises could qualify for credit, together with the pre-notice reversal, negatived the basis for penalty. Confiscation of the diesel generating set and the redemption fine were also found unsustainable because the goods had suffered duty and were not non-duty-paid clearances, so the credit dispute alone could not justify confiscation. Case-Laws Central Excise Thu, 01 Jan 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110803