https://www.taxtmi.com/caselaws?id=111662 Modvat credit standing in RG 23A was treated as lapsed on the assessee opting for the compounded levy scheme, because Rule 57F(17) of the Central Excise Rules, 1944 did not permit such credit to be used for clearances of other goods after the change in scheme. Clearances made against a lapsed credit balance could not be regarded as duty-paid clearances, and the demand could not be regularised by creating a notional balance through TR-6 payment and then reversing it again. Since the deposit was made under departmental objection after the credit had already lapsed, the refund claim was sustainable and the amount deposited through TR-6 was refundable. en-us Fri, 26 Mar 2004 00:00:00 +0530 Tue, 24 Apr 2012 16:16:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111662 Modvat credit standing in RG 23A was treated as lapsed on the assessee opting for the compounded levy scheme, because Rule 57F(17) of the Central Excise Rules, 1944 did not permit such credit to be used for clearances of other goods after the change in scheme. Clearances made against a lapsed credit balance could not be regarded as duty-paid clearances, and the demand could not be regularised by creating a notional balance through TR-6 payment and then reversing it again. Since the deposit was made under departmental objection after the credit had already lapsed, the refund claim was sustainable and the amount deposited through TR-6 was refundable. Case-Laws Central Excise Fri, 26 Mar 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111662