NO INTT ON NON UTILIZATION OF ITC-PATNA HC

COMMERCIAL STEEL ENGINEERING CORPORATION VS STATE OF BIHAR, PATNA HC. SEC 73 CA NOT BE INVOKED ON MERELY AVAILMENT OF ITC. IT HAS TO BE UTILIZED FOR REDUCING ANY TAX LIABILITY, THEN ONLY IT CAN BE CONSIDERED AS AVAILED OR UTILIZED. AND THEN ONLY SEC 73 CAN BE INVOKED.

WHETHER PENALTY CAN BE LEVIED ON WRONG ITC?,WHAT IS WRONG ITC AVAILMENT?,WHEN CAN SEC 73 BE NOT INVOKED?,