https://www.taxtmi.com/caselaws?id=78117 Penalty was held unsustainable where the entitlement to MODVAT credit on duty-paid welding electrodes remained debatable and had only been settled later by a Larger Bench after conflicting Tribunal views. The court treated the controversy as one lacking final clarity at the time relevant to the penalty, and on that basis upheld deletion of the penalty. It further noted that no substantial question of law arose from the Tribunal's order, since the finding rested on the unsettled character of the credit issue rather than on any clear legal error. en-us Tue, 01 Sep 2009 00:00:00 +0530 Tue, 02 Nov 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=78117 Penalty was held unsustainable where the entitlement to MODVAT credit on duty-paid welding electrodes remained debatable and had only been settled later by a Larger Bench after conflicting Tribunal views. The court treated the controversy as one lacking final clarity at the time relevant to the penalty, and on that basis upheld deletion of the penalty. It further noted that no substantial question of law arose from the Tribunal's order, since the finding rested on the unsettled character of the credit issue rather than on any clear legal error. Case-Laws Central Excise Tue, 01 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=78117