https://www.taxtmi.com/caselaws?id=152026 Penalty under Rule 57U(6) of the Central Excise Rules, 1944 could not be sustained where capital goods credit had been lawfully taken and there was no finding that the credit was wrongly availed by fraud, wilful misstatement, collusion, suppression of facts, or other intent to evade duty. The dispute related to non-payment of duty on removal of the capital goods, but that by itself did not satisfy the statutory preconditions for the penal provision. The penalty under Rule 57U(6) was therefore set aside, while the demand and the penalty under Rule 173Q remained undisturbed. en-us Mon, 31 Aug 2009 00:00:00 +0530 Fri, 21 Jun 2013 17:38:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=152026 Penalty under Rule 57U(6) of the Central Excise Rules, 1944 could not be sustained where capital goods credit had been lawfully taken and there was no finding that the credit was wrongly availed by fraud, wilful misstatement, collusion, suppression of facts, or other intent to evade duty. The dispute related to non-payment of duty on removal of the capital goods, but that by itself did not satisfy the statutory preconditions for the penal provision. The penalty under Rule 57U(6) was therefore set aside, while the demand and the penalty under Rule 173Q remained undisturbed. Case-Laws Central Excise Mon, 31 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=152026