2004 (8) TMI 109

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....und that credit was available to the Respondents (herein) and therefore there could be no suppression of duty.  The view of the Tribunal is sought to be supported by a Judgment of this Court in the case of AMCO Batteries Limited v. Collector of Central Excise, Bangalore reported in 2003 (55) RLT 272 (S.C.), the relevant paragraph of which reads as follows :- "10. In the present case also t....

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....hat whenever benefit of MODVAT scheme is available then, irrespective of any other fact, there can be no suppression. The above highlighted observations do support such an interpretation. 3. We, however, find that in paragraphs 7 and 8 of this Judgment  Court had concluded that there was no sale in that case.  Court had concluded that the entire movement of scrap had been recorded in ....

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....such an interpretation. 4. In our view the above would not be correct law.  In our view whether there is suppression or not is a question to be decided on facts of each case and has nothing to do with available credit or a party having benefit of MODVAT scheme e.g. a party having credit or benefit of a MODVAT scheme may by suppression undervalue goods in order to clear a larger number of g....