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2011 (11) TMI 294 - PUNJAB AND HARYANA HIGH COURTPenalty in terms of Rule 13(2) read with section 11AC of the Central Excise Act - Modvat credit claimed as an input in respect of the values of Tatoos - Adjudicating Authority for the earlier period have held that there was no mala fide intention in availing Modvat credit and thus penalty is not leviable - Revenue has not challenged the said order – Held that:- Tribunal has not given any finding as to why the penalty is imposable when the revenue has accepted the order of the Adjudicating Authority for the earlier period. Therefore, the matter is remitted back to the Tribunal to consider the question as to whether any penalty is imposable keeping in view the earlier order of the Adjudicating Authority and the extent & nature of default, if any, committed by the appellant. - Decided in favor of assessee for statistical purposes.
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