https://www.taxtmi.com/caselaws?id=116199 Voluntary reversal of Modvat credit followed by a claim for re-credit was treated as a refund claim governed by Section 11B of the Central Excise Act, 1944, because the credit was regarded as a form of duty. The claim was distinguished from a refund sought against an assessment still in force, so prior setting aside or modification of the assessment order was not required and the rule in Flock India was held inapplicable. The broader question whether unjust enrichment applies to refund or re-credit of Modvat credit was noted as unresolved and left for determination by a Larger Bench. en-us Thu, 31 Mar 2005 00:00:00 +0530 Fri, 08 Jun 2012 18:01:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=116199 Voluntary reversal of Modvat credit followed by a claim for re-credit was treated as a refund claim governed by Section 11B of the Central Excise Act, 1944, because the credit was regarded as a form of duty. The claim was distinguished from a refund sought against an assessment still in force, so prior setting aside or modification of the assessment order was not required and the rule in Flock India was held inapplicable. The broader question whether unjust enrichment applies to refund or re-credit of Modvat credit was noted as unresolved and left for determination by a Larger Bench. Case-Laws Central Excise Thu, 31 Mar 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=116199