https://www.taxtmi.com/caselaws?id=2184 Denial of cross-examination did not vitiate the finding of wrongful Modvat credit where the witness failed to appear despite summons and the non-receipt of inputs was supported by independent evidence such as invoices, vehicle particulars and investigation material. Penalty under Section 11AC was applied because the wrongly availed credit was utilised for payment of duty, so the duty element and short-payment consequences were treated as directly engaged. Penalty under Rule 209A was also sustained against the Managing Director and the Manager (Accounts & Administration) on the basis of their participation in the fraudulent credit scheme. en-us Tue, 05 Sep 2006 00:00:00 +0530 Tue, 15 Apr 2008 16:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=2184 Denial of cross-examination did not vitiate the finding of wrongful Modvat credit where the witness failed to appear despite summons and the non-receipt of inputs was supported by independent evidence such as invoices, vehicle particulars and investigation material. Penalty under Section 11AC was applied because the wrongly availed credit was utilised for payment of duty, so the duty element and short-payment consequences were treated as directly engaged. Penalty under Rule 209A was also sustained against the Managing Director and the Manager (Accounts & Administration) on the basis of their participation in the fraudulent credit scheme. Case-Laws Central Excise Tue, 05 Sep 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=2184