https://www.taxtmi.com/caselaws?id=113946 A party cannot restore and avail Modvat credit suo motu after reversal where the underlying order confirming duty or directing return of the amount remains in force. The proper course is to pursue the available legal remedies, including refund, unless the order has first been set aside or stayed. On the facts noted, the penalty imposed for taking credit on its own was not found excessive or arbitrary, and no interference with its quantum was warranted. en-us Mon, 28 Jun 2004 00:00:00 +0530 Wed, 09 May 2012 13:39:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=113946 A party cannot restore and avail Modvat credit suo motu after reversal where the underlying order confirming duty or directing return of the amount remains in force. The proper course is to pursue the available legal remedies, including refund, unless the order has first been set aside or stayed. On the facts noted, the penalty imposed for taking credit on its own was not found excessive or arbitrary, and no interference with its quantum was warranted. Case-Laws Central Excise Mon, 28 Jun 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=113946