https://www.taxtmi.com/caselaws?id=114322 Once the substantive credit issue had been resolved in favour of the assessees by the larger Bench ruling, fines and penalties could not be independently sustained and were set aside. The objection that denial of deemed credit on crossing the clearance-value limit could not be raised because it was not specifically pleaded in the show cause notice was rejected, as the same contention had already been considered in the proceedings and the availability of the benefit depended on interpretation of the small scale industry notification. Rectification was therefore allowed only to delete the fines and penalties, while the challenge to the credit denial failed. en-us Tue, 08 Jun 2004 00:00:00 +0530 Mon, 14 May 2012 17:17:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=114322 Once the substantive credit issue had been resolved in favour of the assessees by the larger Bench ruling, fines and penalties could not be independently sustained and were set aside. The objection that denial of deemed credit on crossing the clearance-value limit could not be raised because it was not specifically pleaded in the show cause notice was rejected, as the same contention had already been considered in the proceedings and the availability of the benefit depended on interpretation of the small scale industry notification. Rectification was therefore allowed only to delete the fines and penalties, while the challenge to the credit denial failed. Case-Laws Central Excise Tue, 08 Jun 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=114322