- (1.) The question as to whether the benefit of MODVAT credit on duty paid on welding electrodes can be taken or nor was not free from doubt as the Tribunal had taken a conflicting view and the matter was ultimately resolved by the larger Bench of the Tribunal.
(2.) That being the position, the Tribunal has rightly deleted the penalty and the order of the Tribunal does not give rise to any substantial question of law.
(3.) The appeal is, therefore, dismissed.;