https://www.taxtmi.com/caselaws?id=116331 Penalty for wrong availment of Modvat credit was upheld where the levy was made under Rule 57-I(4), which expressly authorises a penalty equal to the credit wrongly claimed or availed. Section 11AC operated only as a supplementary reference, so no separate apportionment of penalty between Rule 57-I, Section 11AC and Rule 173Q was required. The earlier precedent relied on by the appellate authority was distinguished because it concerned a different penalty framework. The setting aside of the penalty was therefore unsustainable, and the penalty order was restored. en-us Fri, 02 Jun 2006 00:00:00 +0530 Mon, 11 Jun 2012 14:50:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=116331 Penalty for wrong availment of Modvat credit was upheld where the levy was made under Rule 57-I(4), which expressly authorises a penalty equal to the credit wrongly claimed or availed. Section 11AC operated only as a supplementary reference, so no separate apportionment of penalty between Rule 57-I, Section 11AC and Rule 173Q was required. The earlier precedent relied on by the appellate authority was distinguished because it concerned a different penalty framework. The setting aside of the penalty was therefore unsustainable, and the penalty order was restored. Case-Laws Central Excise Fri, 02 Jun 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=116331