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    <title>2005 (7) TMI 549 - CESTAT, MUMBAI</title>
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    <description>Transitional Cenvat credit on declared grey fabrics was treated as admissible only at 6% of value under the relevant notification, so excess credit taken at 8.636% appeared prima facie recoverable and liable to reversal. Limitation for recovery was examined by reference to the relevant date for registered dealers filing periodic returns, and notices issued before the due date for the quarterly return were treated as prima facie within time. As no strong case on merits or limitation and no financial hardship was shown, waiver of pre-deposit was refused and deposit of the credit amount was directed as a condition for interim relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=118735</link>
      <description>Transitional Cenvat credit on declared grey fabrics was treated as admissible only at 6% of value under the relevant notification, so excess credit taken at 8.636% appeared prima facie recoverable and liable to reversal. Limitation for recovery was examined by reference to the relevant date for registered dealers filing periodic returns, and notices issued before the due date for the quarterly return were treated as prima facie within time. As no strong case on merits or limitation and no financial hardship was shown, waiver of pre-deposit was refused and deposit of the credit amount was directed as a condition for interim relief.</description>
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