https://www.taxtmi.com/caselaws?id=106357 Ineligible Modvat credit had to be recovered under the specific reversal procedure in Rule 57-I of the Central Excise Rules, 1944, rather than treated as a duty demand under section 11A of the Central Excise Act, 1944. The entries reversing credit in the assessee's accounts did not change the character of the recovery or convert it into a refund matter. Because the department proceeded under the wrong provision, the consequential penalty under Rule 173Q was also unsustainable. The impugned demand and penalty were therefore set aside in favour of the assessee. en-us Tue, 28 May 2002 00:00:00 +0530 Tue, 13 Mar 2012 17:52:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=106357 Ineligible Modvat credit had to be recovered under the specific reversal procedure in Rule 57-I of the Central Excise Rules, 1944, rather than treated as a duty demand under section 11A of the Central Excise Act, 1944. The entries reversing credit in the assessee's accounts did not change the character of the recovery or convert it into a refund matter. Because the department proceeded under the wrong provision, the consequential penalty under Rule 173Q was also unsustainable. The impugned demand and penalty were therefore set aside in favour of the assessee. Case-Laws Central Excise Tue, 28 May 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=106357