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2016 (8) TMI 437 - CESTAT BANGALOREImposition of penalty - Rule 173(Q) of the Central Excise Rules, 1944 - Held that:- imposition of penalty on the assessee is not correct and is against the Final Order dated 20.7.2005 passed by this Tribunal. Therefore, the penalty of ₹ 1,00,000/- imposed under Rule 173(Q) deserves to be set aside. Reworking/re-quantification of duty - Period of limitation - re-examining the aspect pertaining to availment of Modvat credit - Held that:- the Commissioner in the impugned order has held that Modvat credit of ₹ 1,96,083/- is admissible with which we agree. When there has been no suppression of facts on the part of the manufacturer the matter is remanded back to the Commissioner of Central Excise, Belgaum to decide the same within next four months after seeking a report on the subject matter from the Assistant Commissioner of Central excise in-charge of the assessee unit.
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