TMI Blog2004 (9) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... ision. Having regard to the facts and circumstances and in addition to the appellant therein being entitled to get the benefit of Modvat scheme there was no justifiable reason for the appellant to suppress any fact - Tribunal has not examined any other consideration except the availability of the Modvat credit to the appellant - Matter remitted back - Decided in favour of Revenue. - 487 of 2003 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise and Gold (Control) Appellate Tribunal by the judgment under appeal has set aside the order of Commissioner of Central Excise on the around that the Modvat credit was available to the respondent-assessee and on that basis alone coming to the conclusion that there could be no intention to evade payment of duty and thus the allegation of suppression so as to invoke the larger period of limitation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant to suppress any fact'. Expressing the view that the contention of the assessee does not appear to be correct, this matter was directed to be referred to a larger bench and that is how the appeal has come up for hearing before us. 3. We have carefully examined the AMCO Batteries decision. The aforesaid observations in para 10 have to be read in the context of the facts noticed in paras 7, 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e availability of Modvat credit to an assessee. The availability of Modvat credit to an assessee by itself is not conclusive or decisive consideration. It may be one of the relevant consideration. How much weight is to be attached thereto would depend upon the facts of each case. 5. In the present case the Tribunal has not examined any other consideration except the availability of the Modvat cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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