https://www.taxtmi.com/caselaws?id=1485 Where duty was cleared by debiting Modvat credit and the assessee later treated the payment as a wrong provision, unilateral re-credit in the Modvat account was not permitted. The tribunal treated the transaction as an erroneous duty payment at clearance, not a mere internal correction of credit entries, so the proper remedy was a refund claim under the statutory refund mechanism. Authorities cited on adjustment or re-credit were distinguished on their facts because they involved different credit-entry situations. Re-credit was disallowed and the statutory refund route under Section 11B was required; the demand and penalty were upheld. en-us Tue, 27 Feb 2007 00:00:00 +0530 Mon, 14 Apr 2008 18:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=1485 Where duty was cleared by debiting Modvat credit and the assessee later treated the payment as a wrong provision, unilateral re-credit in the Modvat account was not permitted. The tribunal treated the transaction as an erroneous duty payment at clearance, not a mere internal correction of credit entries, so the proper remedy was a refund claim under the statutory refund mechanism. Authorities cited on adjustment or re-credit were distinguished on their facts because they involved different credit-entry situations. Re-credit was disallowed and the statutory refund route under Section 11B was required; the demand and penalty were upheld. Case-Laws Central Excise Tue, 27 Feb 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=1485