https://www.taxtmi.com/caselaws?id=117632 Penalty under Section 11AC of the Central Excise Act was found unsustainable because the assessee's available Modvat credit exceeded the duty otherwise payable on the disputed clearances, so no penalty was justified on that basis. Penalty under Rule 173Q of the Central Excise Rules was also unsustainable because the show cause notice failed to specify the particular clause alleged to have been contravened, and a notice invoking that rule must clearly identify the exact contravention. Both penalties were therefore set aside. en-us Wed, 04 Jan 2006 00:00:00 +0530 Mon, 25 Jun 2012 14:41:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=117632 Penalty under Section 11AC of the Central Excise Act was found unsustainable because the assessee's available Modvat credit exceeded the duty otherwise payable on the disputed clearances, so no penalty was justified on that basis. Penalty under Rule 173Q of the Central Excise Rules was also unsustainable because the show cause notice failed to specify the particular clause alleged to have been contravened, and a notice invoking that rule must clearly identify the exact contravention. Both penalties were therefore set aside. Case-Laws Central Excise Wed, 04 Jan 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=117632