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    <title>1998 (10) TMI 254 - CEGAT, NEW DELHI</title>
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    <description>Refund of accumulated Modvat credit under Rule 57F could not be denied merely because the goods were exported under the DEEC Scheme. Paragraph 250(2) of the Import Export Policy 1990-93 was treated as a safeguard against dual benefit, namely duty-free replenishment imports and Modvat credit on the same inputs, but it did not create an in-built prohibition in the excise refund provision itself. The Central Excise authorities could not refuse refund on that basis alone; the denial was held unsustainable and the refund claim was required to be reconsidered on merits after hearing the assessee.</description>
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    <pubDate>Fri, 09 Oct 1998 00:00:00 +0530</pubDate>
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      <title>1998 (10) TMI 254 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=91681</link>
      <description>Refund of accumulated Modvat credit under Rule 57F could not be denied merely because the goods were exported under the DEEC Scheme. Paragraph 250(2) of the Import Export Policy 1990-93 was treated as a safeguard against dual benefit, namely duty-free replenishment imports and Modvat credit on the same inputs, but it did not create an in-built prohibition in the excise refund provision itself. The Central Excise authorities could not refuse refund on that basis alone; the denial was held unsustainable and the refund claim was required to be reconsidered on merits after hearing the assessee.</description>
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      <pubDate>Fri, 09 Oct 1998 00:00:00 +0530</pubDate>
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