1997 (10) TMI 160

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....hri S.V. Singh, JDR, for the Respondent. [Order per : K.S. Venkataramani, Member (T)]. - The appeal is against the order of the Additional Collector of Central Excise and Customs, Ahmedabad captioned above imposing penalty of Rs. 2,000/- on the appellants under Rule 173Q(1)(bb) of the Rules. 2. The ld. Counsel for the appellant Shri S.J. Vyas contended that the appellants were availi....

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....mentioned utilisation of Modvat credit of transformer in their RT 12 monthly returns and there was also mention about it in their classification list filed under Rule 173C only Excise Rules. Elaborating on the bona fides of the appellant ld. Counsel further pointed out that the appellants on realising that they wrongly availed of Modvat credit had even without waiting for show cause notice debited....

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....iod on demanding the duty is not invokable. The ld. Counsel pointed out that the appellant had in fact not resisted the demand at all who had already paid it. Therefore he pleaded that the penalty on them should be set aside. 3. Shri S.V. Singh the ld. JDR contended that for imposing penalty under the Rule mens rea is not a necessary ingredient. So long as the violation of provisions of ru....