TMI Blog2008 (7) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... ul availed modvat credit was utilized for the purpose of payment of central excise duty on excisable goods manufactured and cleared by the respondent ? Held that:- If, in the light of the aforesaid findings of fact, the Tribunal has come to the conclusion that this is basically a case of bona fide mistake which has been subsequently rectified, the High Court does not find any error of law which would warrant interference. Primarily, the matter has been decided on the basis of the facts and evidence on record.In the circumstances, no question of law, as proposed or otherwise, much less a substantial question of law can be said to arise out of the impugned order of Tribunal. Accordingly, both the appeals are dismissed. - 872-873 of 2007 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enalty and confirmed the interest of Rs. 4,65,936/-. Findings of the Commissioner (Appeals) for reducing the penalty and not confirming the interest are as follows : 'Now, I decide this appeal finally. I find from the records that the appellant had taken modvat credit of Basic Customs Duty of Rs. 33,58,344/- on the basis of two Bill of Entries in their RG23C Pt-II on 31-8-99. I find that the appellant had reversed the credit vide their RG23A Pt-IIE No. 99 and RG23C Pt-IIE No. 67 both dated 29-3-2000. The appellant plea is that due to clerical mistake credit taken on Basic Customs duty and had nothing to gain by intentionally taking the extra credit and no mala fide intention. To prove their plea, they submitted a summary of closing balan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material on the basis of which it is alleged that the assessee knowing well has taken Modvat credits wrongly. Till date, no material has come on record. Despite the matter having been called out thrice, the learned counsel for the appellant is absent at all the three calls. The request made on behalf of the learned counsel to pass over the matter was granted twice. 4. In the aforesaid circumstances, the Court has thought it fit to proceed to decide the appeals in question. As can be seen from the first sentence of paragraph No. 3, the Tribunal has recorded, "It is admitted fact that the assessee by mistake has taken credit of Basic Customs Duty .........". Subsequently, the extracted portion from the order of Commissioner (Appeals) as rep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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