https://www.taxtmi.com/caselaws?id=96021 Modvat credit that had lapsed under a specific lapsing provision could not be refunded under a utilisation-linked refund rule once the credit ceased to exist, because refund was available only where credit remained available for adjustment and the non obstante clause did not preserve a post-lapse refund claim. The refund claim was therefore not maintainable. By contrast, an independently raised rebate claim was not rejected on merits and, despite procedural objections, was remitted for fresh consideration because substantive entitlement should not be denied solely for procedural non-compliance where compliance may still be examined. en-us Fri, 18 May 2001 00:00:00 +0530 Fri, 16 Dec 2011 16:34:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96021 Modvat credit that had lapsed under a specific lapsing provision could not be refunded under a utilisation-linked refund rule once the credit ceased to exist, because refund was available only where credit remained available for adjustment and the non obstante clause did not preserve a post-lapse refund claim. The refund claim was therefore not maintainable. By contrast, an independently raised rebate claim was not rejected on merits and, despite procedural objections, was remitted for fresh consideration because substantive entitlement should not be denied solely for procedural non-compliance where compliance may still be examined. Case-Laws Central Excise Fri, 18 May 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96021