- (1.) This appeal has been preferred by the revenue proposing following substantial question of law:- "Whether interest is recoverable from a party on wrongly availed Modvat credit taken by them in the year 1998 on the strength of certificate issued by the range Superintendent under rule 57E on 29.3.1995 under sub rule 3 of Rule 57I?"
(2.) The assessee claimed Modvat Credit which was not allowable in absence of requisite certificate under Rule 57E of the Central Excise Rules, 1944 (for short, 'the Rules') being produced within six months but still the assessee claimed the same and credited the amount in RG-23A Part- II. The authorities disallowed the Modvat Credit relying upon judgment of the Hon'ble Supreme Court in Osram Surya (P) Limited v. Commissioner of Central Excise, Indore, (2002) 142 ELT 5. A. The Tribunal, however, held that the assessee was not liable to pay interest as the credit was only taken as an entry in the Modvat record and was not infact utilised. The Tribunal held that in absence of utilisation of credit, the assessee was not liable to pay interest.
(3.) We have heard learned counsel for the appellant. CEA No.100 of 2006 2;