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    <title>1990 (2) TMI 189 - CEGAT, BOMBAY</title>
    <link>https://www.taxtmi.com/caselaws?id=80491</link>
    <description>For recovery of irregular Modvat credit, where Rule 57(I) did not prescribe a separate time limit, the limitation under Section 11A governed the demand. The relevant date was held to be the filing of the RT-12 return, because that was the first effective opportunity for the department to detect the irregular credit; the date on which credit was taken was not the governing date. The argument that Modvat credit was equivalent to refund was rejected, as refund has a distinct statutory meaning. The matter was remanded to determine the actual RT-12 filing date and whether the show cause notice fell within six months.</description>
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    <pubDate>Tue, 06 Feb 1990 00:00:00 +0530</pubDate>
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      <title>1990 (2) TMI 189 - CEGAT, BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=80491</link>
      <description>For recovery of irregular Modvat credit, where Rule 57(I) did not prescribe a separate time limit, the limitation under Section 11A governed the demand. The relevant date was held to be the filing of the RT-12 return, because that was the first effective opportunity for the department to detect the irregular credit; the date on which credit was taken was not the governing date. The argument that Modvat credit was equivalent to refund was rejected, as refund has a distinct statutory meaning. The matter was remanded to determine the actual RT-12 filing date and whether the show cause notice fell within six months.</description>
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      <pubDate>Tue, 06 Feb 1990 00:00:00 +0530</pubDate>
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