https://www.taxtmi.com/caselaws?id=341867 Modvat or Cenvat credit forms part of the excise duty computation and cannot be denied merely because the claim was not pressed earlier, where no fraud or contumacious conduct is shown. The credit claim may still require verification of the amount admissible, and the matter may be remanded for computation of the net duty after allowing credit. Penalty under Rule 173Q of the Central Excise Rules, 1944 depends on culpable conduct such as suppression or deliberate evasion; in the absence of such findings, penalty is not sustainable. The decision also notes that any pre-deposit may be adjusted in the recalculation of duty liability. en-us Fri, 16 Dec 2016 00:00:00 +0530 Wed, 19 Apr 2017 07:05:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=341867 Modvat or Cenvat credit forms part of the excise duty computation and cannot be denied merely because the claim was not pressed earlier, where no fraud or contumacious conduct is shown. The credit claim may still require verification of the amount admissible, and the matter may be remanded for computation of the net duty after allowing credit. Penalty under Rule 173Q of the Central Excise Rules, 1944 depends on culpable conduct such as suppression or deliberate evasion; in the absence of such findings, penalty is not sustainable. The decision also notes that any pre-deposit may be adjusted in the recalculation of duty liability. Case-Laws Central Excise Fri, 16 Dec 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=341867