2007 (1) TMI 63

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..... l No. E/2189/2005 - Final Order No. A/184/2007-WZB/C-IV/(SMB) - Dated:- 16-1-2007 - [Order per]. - In this case Modvat credit of Rs. 52,000/- had been availed on capital goods, namely; Desk Vibrating Screen without reversal of the duty. The credit amount was reversed in May, 1993 i.e., prior to show cause notice was issued for interest and penalty. The proceedings were dropped by the Dy. Commis .....

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..... e High Court was one where the assessee had re moved the goods clandestinely). 4. As regards interest, I see force in the submission of the learned counsel for appellant that the provisions of Section 11AB are not attracted for the reason that no duty was required to be determined under sub-section (2) of Section 11A as the assessee had reversed the credit on their own. I, therefore, hold that .....

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