https://www.taxtmi.com/caselaws?id=119702 Demand, confiscation and penalties based on alleged diversion of inputs and irregular Modvat credit were held unsustainable because the Revenue failed to prove actual diversion. The remand direction required consideration of the Chartered Engineer's certificate, which supported the appellant's input consumption pattern with reference to SION norms under the EXIM Policy. On the record, no satisfactory evidence established misuse of modvated inputs, and the adjudicating authority was not justified in refusing to consider the technical certificate. The disputed demand and related penal consequences were therefore set aside in favour of the assessee. en-us Wed, 24 May 2006 00:00:00 +0530 Thu, 12 Jul 2012 16:09:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=119702 Demand, confiscation and penalties based on alleged diversion of inputs and irregular Modvat credit were held unsustainable because the Revenue failed to prove actual diversion. The remand direction required consideration of the Chartered Engineer's certificate, which supported the appellant's input consumption pattern with reference to SION norms under the EXIM Policy. On the record, no satisfactory evidence established misuse of modvated inputs, and the adjudicating authority was not justified in refusing to consider the technical certificate. The disputed demand and related penal consequences were therefore set aside in favour of the assessee. Case-Laws Central Excise Wed, 24 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=119702