TMI Blog2004 (8) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the observations made in paragraph 10 set out herein above that the Appellants were entitled to get benefit of MODVAT scheme and that therefore there was no justifiable reason to suppress the fact is based on facts i.e. there was no material on record to infer or establish that excise duty had not been levied or paid by reason of any fraud, collusion or any wilful misstatement or suppressio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case be referred to a Larger Bench to decide whether in every case, where a party has credit or benefit of a MODVAT scheme, it must be presumed that there can be no suppression. - 487 of 2003 - - - Dated:- 12-8-2004 - S.N. Variava and Arijit Pasayat, JJ. [Order]. - In these matters, the Tribunal has allowed the Appeal only on the ground that credit was available to the Respondents (he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exempt from levy of excise duty. Further, appellant was entitled to get benefit of MODVAT scheme, therefore, there was no justifiable reason for the appellant to suppress any fact." (emphasis supplied) 2. We find that in many cases, including this case, it is urged that above quoted observations lay down the principle that whenever benefit of MODVAT scheme is available then, irrespective of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of facts or contravention of any of the provisions of any Rules. However, it is regularly urged that this authority lays down that, irrespective of facts, if a party is entitled to get benefit of a MODVAT scheme, then there can be no suppression and the above highlighted observations are capable of such an interpretation. 4. In our view the above would not be correct law. In our view wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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