https://www.taxtmi.com/caselaws?id=88373 Modvat credit was examined in relation to whether it should be limited to the effective duty actually payable on inputs. The record showed that duty on the seized goods had been paid at tariff rate for provisional release, and it did not appear to be a mere deposit pending quantification. As the question whether duty had been avoided by fraud remained open, the demand based on excess Modvat credit was not treated as requiring immediate recovery. The stay application was therefore allowed with unconditional relief, and recovery of the confirmed amount was stayed without pre-deposit pending final disposal of the appeal. en-us Thu, 19 Mar 1998 00:00:00 +0530 Sat, 17 Sep 2011 14:37:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=88373 Modvat credit was examined in relation to whether it should be limited to the effective duty actually payable on inputs. The record showed that duty on the seized goods had been paid at tariff rate for provisional release, and it did not appear to be a mere deposit pending quantification. As the question whether duty had been avoided by fraud remained open, the demand based on excess Modvat credit was not treated as requiring immediate recovery. The stay application was therefore allowed with unconditional relief, and recovery of the confirmed amount was stayed without pre-deposit pending final disposal of the appeal. Case-Laws Central Excise Thu, 19 Mar 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=88373