https://www.taxtmi.com/caselaws?id=175628 Penalty under Section 11AC of the Central Excise Act was held not to survive where the assessee had paid the duty before issuance of the show cause notice and had not separately challenged the duty demand. The Tribunal also applied its earlier interpretation of an identical notification condition to hold that the restriction in Notification No. 6/2000-C.E. did not bar Modvat credit on inputs used in other products in the same factory. On that construction, the assessee would not have been liable to pay the duty, and the factual basis for penalty disappeared. The Revenue's appeal therefore failed. en-us Fri, 26 Dec 2003 00:00:00 +0530 Mon, 30 Nov 2015 13:01:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175628 Penalty under Section 11AC of the Central Excise Act was held not to survive where the assessee had paid the duty before issuance of the show cause notice and had not separately challenged the duty demand. The Tribunal also applied its earlier interpretation of an identical notification condition to hold that the restriction in Notification No. 6/2000-C.E. did not bar Modvat credit on inputs used in other products in the same factory. On that construction, the assessee would not have been liable to pay the duty, and the factual basis for penalty disappeared. The Revenue's appeal therefore failed. Case-Laws Central Excise Fri, 26 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175628