https://www.taxtmi.com/caselaws?id=218849 An accrued MODVAT credit right, once validly earned under the then-existing scheme, could not be defeated by later procedural change or repeal of Rule 57E. The earlier order did not establish fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty, so sub-rule (3) of Rule 57E could not be used to deny additional credit. Section 38A of the Central Excise Act preserved the accrued credit, making revalidation of the Rule 57E certificates lawful. As the credit had been taken on valid certificates, reversed under protest, and restored after revalidation, the assessees were entitled to retain the MODVAT credit. en-us Wed, 01 Feb 2012 00:00:00 +0530 Tue, 27 Nov 2012 17:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=218849 An accrued MODVAT credit right, once validly earned under the then-existing scheme, could not be defeated by later procedural change or repeal of Rule 57E. The earlier order did not establish fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty, so sub-rule (3) of Rule 57E could not be used to deny additional credit. Section 38A of the Central Excise Act preserved the accrued credit, making revalidation of the Rule 57E certificates lawful. As the credit had been taken on valid certificates, reversed under protest, and restored after revalidation, the assessees were entitled to retain the MODVAT credit. Case-Laws Central Excise Wed, 01 Feb 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=218849