https://www.taxtmi.com/caselaws?id=124192 Penalty was not justified for mistaken availment of excess Modvat credit where the credit was never utilised, was reversed immediately after departmental objection, and no mala fide intention was shown. The record showed the excess credit was taken inadvertently and remained open to scrutiny, so mere availment of the incorrect credit was insufficient to support penal action. The penalty was therefore set aside. en-us Thu, 29 Mar 2007 00:00:00 +0530 Wed, 26 Sep 2012 16:05:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=124192 Penalty was not justified for mistaken availment of excess Modvat credit where the credit was never utilised, was reversed immediately after departmental objection, and no mala fide intention was shown. The record showed the excess credit was taken inadvertently and remained open to scrutiny, so mere availment of the incorrect credit was insufficient to support penal action. The penalty was therefore set aside. Case-Laws Central Excise Thu, 29 Mar 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=124192