https://www.taxtmi.com/caselaws?id=119339 Penalty under excise law was found unwarranted where the assessee had already paid the differential duty, did not dispute the classification finding that the product was an intermediate, and relied on the absence of intention to evade duty. The dispute was confined to penalty, and the additional factor that the assessee would otherwise have been entitled to Modvat credit on the duty paid supported the conclusion that penalty should not be imposed. Penalty was set aside in favour of the assessee. en-us Tue, 25 Oct 2005 00:00:00 +0530 Tue, 10 Jul 2012 15:00:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=119339 Penalty under excise law was found unwarranted where the assessee had already paid the differential duty, did not dispute the classification finding that the product was an intermediate, and relied on the absence of intention to evade duty. The dispute was confined to penalty, and the additional factor that the assessee would otherwise have been entitled to Modvat credit on the duty paid supported the conclusion that penalty should not be imposed. Penalty was set aside in favour of the assessee. Case-Laws Central Excise Tue, 25 Oct 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=119339