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    <title>1993 (10) TMI 149 - CEGAT, CALCUTTA</title>
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    <description>Modvat credit already taken and utilised was examined against the later exemption of the final products, with conflicting Tribunal and High Court views on whether such credit could be recovered under Rule 57C read with Rule 57F(3). One line of authority treated the credit as recoverable once the output became wholly exempt, while another held that validly availed credit could not be reopened merely because of a subsequent exemption. The order noted that any permissible recovery would more appropriately proceed as short-levy under Section 11A rather than depend only on Rule 57-I. The conflict was not finally resolved and the matter was referred for constitution of a Larger Bench.</description>
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    <pubDate>Wed, 06 Oct 1993 00:00:00 +0530</pubDate>
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      <title>1993 (10) TMI 149 - CEGAT, CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=82815</link>
      <description>Modvat credit already taken and utilised was examined against the later exemption of the final products, with conflicting Tribunal and High Court views on whether such credit could be recovered under Rule 57C read with Rule 57F(3). One line of authority treated the credit as recoverable once the output became wholly exempt, while another held that validly availed credit could not be reopened merely because of a subsequent exemption. The order noted that any permissible recovery would more appropriately proceed as short-levy under Section 11A rather than depend only on Rule 57-I. The conflict was not finally resolved and the matter was referred for constitution of a Larger Bench.</description>
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      <pubDate>Wed, 06 Oct 1993 00:00:00 +0530</pubDate>
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