https://www.taxtmi.com/caselaws?id=95302 Penalty for wrongful availment of Modvat credit was held unsustainable where the underlying demand for recovery of the credit had already been rejected as time-barred. The Tribunal applied an earlier decision that penalty could not survive independently once the substantive demand failed, and refused to uphold penalty merely because limitation might not bar penal action separately. On the facts, the demand had been dropped, so the same practical consequence followed and the penalty was set aside. en-us Thu, 30 Nov 2000 00:00:00 +0530 Sat, 10 Dec 2011 11:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=95302 Penalty for wrongful availment of Modvat credit was held unsustainable where the underlying demand for recovery of the credit had already been rejected as time-barred. The Tribunal applied an earlier decision that penalty could not survive independently once the substantive demand failed, and refused to uphold penalty merely because limitation might not bar penal action separately. On the facts, the demand had been dropped, so the same practical consequence followed and the penalty was set aside. Case-Laws Central Excise Thu, 30 Nov 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=95302