2000 (5) TMI 738 - AT - Central Excise

Summary

The Appellate Tribunal CEGAT, Kolkata upheld the decision to disallow Modvat credit and penalty imposed on the respondents. The Tribunal found that the assessees had taken credit based on the invoices issued by the depot, but there was no evidence of incorrect duty calculation by the dealer or depot. The matter was remanded to the Asstt. Commissioner to determine the reasons for the duty payment difference. The Revenue's appeal was rejected as the Tribunal agreed with the Commissioner (Appeals) decision.