https://www.taxtmi.com/caselaws?id=51570 Wrong availment of Modvat credit was treated as insufficient, by itself, to attract interest and penalty under Sections 11AC and 11AB because those provisions depend on non-payment, short payment, or short levy of duty. Penalty under Rule 57-I(4) was also said to be unsustainable where that rule was not specifically invoked in the show cause notice. Penalty under Rule 173Q, however, was regarded as applicable to wrongful credit availment when properly pleaded, but the amount could be moderated where the credit had already been reversed. en-us Thu, 05 Sep 2002 00:00:00 +0530 Sat, 25 Sep 2010 14:27:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51570 Wrong availment of Modvat credit was treated as insufficient, by itself, to attract interest and penalty under Sections 11AC and 11AB because those provisions depend on non-payment, short payment, or short levy of duty. Penalty under Rule 57-I(4) was also said to be unsustainable where that rule was not specifically invoked in the show cause notice. Penalty under Rule 173Q, however, was regarded as applicable to wrongful credit availment when properly pleaded, but the amount could be moderated where the credit had already been reversed. Case-Laws Central Excise Thu, 05 Sep 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51570