https://www.taxtmi.com/caselaws?id=116627 Under the DEPB export scheme, Modvat credit reversal was not required, so the Department could not deny refund by importing Rule 57F(4) of the Central Excise Rules, 1944. The tribunal noted that the assessees had exported goods through merchant-exporters and had already reversed credit before seeking refund, but the decisive point was that the scheme itself did not mandate such reversal. As no statutory basis existed to apply Rule 57F(4) against them, the refund claim could not be rejected on the ground that the rule's safeguards, conditions, and limitations were absent on record. The refund entitlement was therefore restored. en-us Fri, 07 Oct 2005 00:00:00 +0530 Thu, 14 Jun 2012 13:09:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=116627 Under the DEPB export scheme, Modvat credit reversal was not required, so the Department could not deny refund by importing Rule 57F(4) of the Central Excise Rules, 1944. The tribunal noted that the assessees had exported goods through merchant-exporters and had already reversed credit before seeking refund, but the decisive point was that the scheme itself did not mandate such reversal. As no statutory basis existed to apply Rule 57F(4) against them, the refund claim could not be rejected on the ground that the rule's safeguards, conditions, and limitations were absent on record. The refund entitlement was therefore restored. Case-Laws Central Excise Fri, 07 Oct 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=116627