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    <title>2006 (1) TMI 319 - CESTAT, MUMBAI</title>
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    <description>Rule 57F(13) of the Central Excise Rules, 1944 permits refund of accumulated Modvat credit where the credit cannot be adjusted against duty on final products for any reason, subject to prescribed safeguards and limitation. Where the assessee had accumulated credit, cleared export goods under bond, and paid duty through PLA instead of debiting the credit account, the unutilised balance remaining in the register supported refund. The rule did not require proof that the department had blocked utilisation; it was enough that adjustment was not possible. Payment through PLA in these circumstances was treated as revenue neutral.</description>
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    <pubDate>Fri, 27 Jan 2006 00:00:00 +0530</pubDate>
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      <title>2006 (1) TMI 319 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=116954</link>
      <description>Rule 57F(13) of the Central Excise Rules, 1944 permits refund of accumulated Modvat credit where the credit cannot be adjusted against duty on final products for any reason, subject to prescribed safeguards and limitation. Where the assessee had accumulated credit, cleared export goods under bond, and paid duty through PLA instead of debiting the credit account, the unutilised balance remaining in the register supported refund. The rule did not require proof that the department had blocked utilisation; it was enough that adjustment was not possible. Payment through PLA in these circumstances was treated as revenue neutral.</description>
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      <pubDate>Fri, 27 Jan 2006 00:00:00 +0530</pubDate>
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