2002 (8) TMI 493

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..... [Order]. The appeal is by the assessee. It is against the imposition of penalty on them by the adjudicating authority under Rule 173Q of the Central Excise Rules, 1944. 2. The department had, by show cause notice [SCN] issued to the appellants, proposed to disallow Modvat credit to the tune of Rs. 2,38,87,173/- and recover the amount under Rule 57U read with Section 11A of the Central .....

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..... nsel submits, no penalty could be imposed where the demand of duty was vacated. He relies on the decision of this Tribunal in Bhawani Castings Ltd. v. CCE [2000 (119) E.L.T. 591]. The JDR reiterates the penalty-related observations contained in the impugned order. 4. Examined the submissions. The submissions made by the counsel have not been contested before me. For imposing penalty on the asses .....

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