https://www.taxtmi.com/caselaws?id=82956 Rule 57E permits variation of Modvat credit only in the hands of the person who actually took the credit, through adjustment in the credit account or by recovery or refund as applicable. It does not authorise reduction or adjustment of an assessee's refund under Section 11B merely because buyers may have taken excess credit on the duty originally paid. In the absence of a specific legal provision allowing such set-off, the Department must proceed against the persons who availed the credit, and the refund claim could not be curtailed on that ground. en-us Fri, 29 Oct 1993 00:00:00 +0530 Fri, 08 Jul 2011 13:46:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=82956 Rule 57E permits variation of Modvat credit only in the hands of the person who actually took the credit, through adjustment in the credit account or by recovery or refund as applicable. It does not authorise reduction or adjustment of an assessee's refund under Section 11B merely because buyers may have taken excess credit on the duty originally paid. In the absence of a specific legal provision allowing such set-off, the Department must proceed against the persons who availed the credit, and the refund claim could not be curtailed on that ground. Case-Laws Central Excise Fri, 29 Oct 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=82956