https://www.taxtmi.com/caselaws?id=51168 Rule 57CC of the Central Excise Rules, 1944 did not provide an express machinery to recover an amount quantified at 8% of the price of exempted coke cleared without duty. The operative remedy was recovery of the corresponding Modvat credit, if wrongly taken on inputs used in exempted final products, rather than direct recovery of the 8% amount as such. For the same reason, a penalty founded solely on that unsustainable demand could not be maintained. The stated position is that the department may proceed in accordance with law for recovery of the corresponding credit, where otherwise permissible. en-us Fri, 08 Feb 2002 00:00:00 +0530 Thu, 23 Sep 2010 11:25:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51168 Rule 57CC of the Central Excise Rules, 1944 did not provide an express machinery to recover an amount quantified at 8% of the price of exempted coke cleared without duty. The operative remedy was recovery of the corresponding Modvat credit, if wrongly taken on inputs used in exempted final products, rather than direct recovery of the 8% amount as such. For the same reason, a penalty founded solely on that unsustainable demand could not be maintained. The stated position is that the department may proceed in accordance with law for recovery of the corresponding credit, where otherwise permissible. Case-Laws Central Excise Fri, 08 Feb 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51168