2007 (4) TMI 264 - SC ORDER

Cenvat/Modvat – Revenue contended that assessee had wrongly availed the modvat credit and was liable to refund the amount – Held that:- excise duty paid and the Modvat credit availed were identical and therefore consequences of payment of excise duty after availing Modvat credit was revenue neutral - appeal is dismissed leaving the question of law open - Decided against Revenue.