2000 (11) TMI 527

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r penalty can be imposed for wrongful availment or credit as barred by limitation. 2. Assessee is engaged in the manufacture of pharmaceutical products falling under Chapter Sub-heading 3003.10 of the CETA, 1985 and was availing modvat credit facility under Rule 57A of the Central Excise Rules, the appellant received bulk drugs some time in 1989 at concessional rate of duty at 5% in terms of Not .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nature. The appeal also states that in the case of Cornerstone Brands Ltd. v. Collector of Central Excise Customs, Surat, 1994 (70) E.L.T. 647, the Tribunal has held that where the Collector dropped the demand duty and the department has not filed any appeal the Tribunal has held that the invocation of Rule 173Q was wrong in law. In the Order-in- Appeal the Collector (appeals) had dismissed clai .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and imposition of penalty under violation of Rule 173Q of the Central Excise Rules. Because of the inadequacy of the evidence the Collector dropped the demand of duty against which no appeal was filed by the Department. In view of the above facts the Tribunal held that penalty cannot be imposed. 5. Shri Deepak Kumar with marked ability argued that the case cannot be applicable to facts of this .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X