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    <title>1977 (4) TMI 38 - GOVERNMENT OF INDIA</title>
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    <description>Penalty under Rule 173Q of the Central Excise Rules, 1944 could not be sustained where contravention with intent to evade duty was not established. The text notes that the alleged misconduct, if any, was more appropriately covered by Rule 226, which itself prescribed the punitive consequence for that contravention. In the absence of the necessary legal foundation for invoking Rule 173Q, the demand and penalty were held unsustainable, and the revision application was allowed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=40446</link>
      <description>Penalty under Rule 173Q of the Central Excise Rules, 1944 could not be sustained where contravention with intent to evade duty was not established. The text notes that the alleged misconduct, if any, was more appropriately covered by Rule 226, which itself prescribed the punitive consequence for that contravention. In the absence of the necessary legal foundation for invoking Rule 173Q, the demand and penalty were held unsustainable, and the revision application was allowed.</description>
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