2002 (7) TMI 171

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....ma Deva, Member (J)]. - The issue relates to imposition of penalty of Rs 2,60,000/- under Rule 173Q of the Central Excise Rules. 2. The appellant's Counsel submitted that the appellants are the manufacturers of Bulk Drugs and Bulk Intermediates falling under Central Excise Tariff Act. They have availed Modvat credit and cleared the goods to different customers for home consumption. They also cl....

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....ing a penal clause, mens rea is an essential ingredient to attract this clause. Rule 173Q(1)(b) of Central Excise Rules is to be read in conjunction and not in isolation with other provisions of Rule 173Q. By majority therein it was held that simple failure could not attract penal action under Rule 173Q. It is well settled position that penal provision had to be construed strictly and in favour of....