https://www.taxtmi.com/caselaws?id=124128 The Tribunal upheld the decision of the Commissioner (Appeals) to set aside the penalty imposed on the respondent under Section 11AC for short levy of duty on machines cleared for captive consumption. The Tribunal agreed that there was no intent to evade duty as the machines were cleared for captive consumption, the final product was dutiable, and Modvat credit was legally available to the respondent. Given these circumstances and zero revenue implication, the Tribunal rejected the Revenue's appeal, finding no merit in imposing the penalty. en-us Thu, 17 Jul 2008 00:00:00 +0530 Tue, 25 Sep 2012 17:53:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=124128 The Tribunal upheld the decision of the Commissioner (Appeals) to set aside the penalty imposed on the respondent under Section 11AC for short levy of duty on machines cleared for captive consumption. The Tribunal agreed that there was no intent to evade duty as the machines were cleared for captive consumption, the final product was dutiable, and Modvat credit was legally available to the respondent. Given these circumstances and zero revenue implication, the Tribunal rejected the Revenue's appeal, finding no merit in imposing the penalty. Case-Laws Central Excise Thu, 17 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=124128