https://www.taxtmi.com/caselaws?id=116184 Fraudulent misdating of Modvat declarations vitiates the condonation obtained on that basis, and the Revenue may recover wrongly availed credit and impose penalty without first setting aside the condonation order. Declarations filed beyond the prescribed and condonable period were treated as no valid declaration at all, so Modvat credit was inadmissible. Reversal of credit before the show-cause notice did not extinguish penalty liability, though it could justify reduction in quantum as a mitigating factor. The principle applied is that a benefit obtained by misdeclaration cannot be retained, and fraudulent procurement of delay condonation does not bar recovery proceedings. en-us Fri, 18 Mar 2005 00:00:00 +0530 Fri, 08 Jun 2012 16:55:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=116184 Fraudulent misdating of Modvat declarations vitiates the condonation obtained on that basis, and the Revenue may recover wrongly availed credit and impose penalty without first setting aside the condonation order. Declarations filed beyond the prescribed and condonable period were treated as no valid declaration at all, so Modvat credit was inadmissible. Reversal of credit before the show-cause notice did not extinguish penalty liability, though it could justify reduction in quantum as a mitigating factor. The principle applied is that a benefit obtained by misdeclaration cannot be retained, and fraudulent procurement of delay condonation does not bar recovery proceedings. Case-Laws Central Excise Fri, 18 Mar 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=116184