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    <title>1989 (10) TMI 173 - GUJARAT HIGH COURT</title>
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    <description>The Gujarat HC noted that the unamended Rule 57-I was not unconstitutional merely because it did not expressly prescribe a limitation period or a hearing requirement: a reasonable limitation could be read in, and natural justice was implicit unless excluded. It further stated that the 6 October 1988 amendment did not abate pending MODVAT credit recovery proceedings or attract Section 11A, because Rule 57-I was the special provision governing wrongful credit and the general recovery provision could not displace it. The amendment was treated as clarificatory, not as creating an implied amnesty.</description>
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    <pubDate>Fri, 20 Oct 1989 00:00:00 +0530</pubDate>
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      <title>1989 (10) TMI 173 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=81157</link>
      <description>The Gujarat HC noted that the unamended Rule 57-I was not unconstitutional merely because it did not expressly prescribe a limitation period or a hearing requirement: a reasonable limitation could be read in, and natural justice was implicit unless excluded. It further stated that the 6 October 1988 amendment did not abate pending MODVAT credit recovery proceedings or attract Section 11A, because Rule 57-I was the special provision governing wrongful credit and the general recovery provision could not displace it. The amendment was treated as clarificatory, not as creating an implied amnesty.</description>
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      <pubDate>Fri, 20 Oct 1989 00:00:00 +0530</pubDate>
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