2008 (8) TMI 365 - HIGH COURT OF GUJARAT AT AHMEDABAD

Cenvat/Modvat - Whether the Tribunal, in the facts and circumstances of the case, is justified in holding that the demand is highly disproportionate to the credit availed on common inputs which could be attributed to goods which have been cleared without payment of duty?

Held that:- In the facts and circumstances of the case, it is apparent that the entire controversy has been decided by the Tribunal by merely remitting the matter back to the Adjudicating Authority to re-determine the credit in accordance with law. If any reversal has been made by the respondent-assessee, the same is subject to verification and adjustment if ultimately any further amount is found reversible.

According to the respondent-assessee, the exercise directed by the Tribunal has been carried out as recorded in order dated 2-4-2007, which statement is disputed by the learned advocate for the appellant.In the circumstances, in absence of any question of law, as proposed or otherwise, much less a substantial question of law, the appeal is dismissed.