2018 (1) TMI 641

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.....11717 of 2004 And W.P.M.P.No.13773 of 2004 - -<br>Central Excise<br>MR. T. S. SIVAGNANAM, J. For The Petitioner : Mr.M.A.Mudimannan for Mr.K.Jayachandran For The Respondents : Mr.A.P.Srinivas, Senior Panal counsel ORDER Heard Mr.M.A.Mudimannan, learned counsel for Mr.K.Jayachandran, learned counsel for the petitioner and Mr.A.P.Srinivas, learned Senior Panal Counsel appearing for respondents....

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.... relating to denial of Modvat credit itself was set-aside, the penalty ought to have been set aside in its entirety and not to a partial extend. To that extent, the impugned order calls for interference. 4. The learned counsel for the petitioner submitted that in terms of the decisions of the Hon&#39;ble Supreme Court of India, the value ought to have been take as cum-duty price and accordingly, ....