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2002 (8) TMI 493 - AT - Central Excise
The appeal was against the imposition of penalty under Rule 173Q of the Central Excise Rules, 1944. The jurisdictional Commissioner allowed Modvat credit but imposed a penalty of Rs. 50,000. The Tribunal ruled in favor of the appellant, stating that once the show cause notice was withdrawn, no penalty could be imposed. The penalty imposed by the Commissioner was set aside, and the appeal was allowed.
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