2006 (2) TMI 336

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.... [Order]. -  There is no representation for the appellants despite notice, nor any request of theirs for adjournment. I have examined the records and heard the ld. SDR. 2. The appellants had taken Modvat credit on capital goods in Dec.'99 without obtaining installation certificate from the Department. The original authority allowed the credit to the party, but imposed a penalty (R....

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.... the mandatory nature of the provision. Nevertheless, in the context of examining the applicability of Rule 173Q(1) to the facts of this case, it is noticed that a penalty could be imposed on the assessee either under Clause (bb) or under Clause (d) of Rule 173Q(1). The first Clause (bb) rendered the assessee liable to penalty if he irregularly availed Modvat credit. In the present case, both the ....