https://www.taxtmi.com/caselaws?id=52593 The appellant, a manufacturer of medicines, appealed against the denial of Modvat credit for imported inputs due to non-fulfillment of export obligations. The impugned order rejected the credit claim citing Rule 7(1)(b) and its Explanation, which the appellant contested. The Tribunal agreed with the appellant, emphasizing that ineligibility for credit was only in cases of duty recoverable due to fraud, collusion, or misstatement, not based on whether the initial duty was fully paid. As the short-levy was not due to fraudulent activities, the denial of credit was deemed erroneous. The appeal was allowed, and the impugned order was set aside. en-us Tue, 30 Dec 2003 00:00:00 +0530 Wed, 06 Oct 2010 17:31:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52593 The appellant, a manufacturer of medicines, appealed against the denial of Modvat credit for imported inputs due to non-fulfillment of export obligations. The impugned order rejected the credit claim citing Rule 7(1)(b) and its Explanation, which the appellant contested. The Tribunal agreed with the appellant, emphasizing that ineligibility for credit was only in cases of duty recoverable due to fraud, collusion, or misstatement, not based on whether the initial duty was fully paid. As the short-levy was not due to fraudulent activities, the denial of credit was deemed erroneous. The appeal was allowed, and the impugned order was set aside. Case-Laws Central Excise Tue, 30 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52593