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    <title>2007 (3) TMI 482 - CESTAT, KOLKATA</title>
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    <description>Refund of accumulated Cenvat credit for an exporter required fresh examination under Rule 5 of the Cenvat Credit Rules, 2002, with the authority needing to test compliance with the safeguard, conditions and limitations prescribed by notification before denying admissibility. If Rule 5 was not applicable, the claim also had to be reconsidered under Rule 3 of the Cenvat Credit Rules, 2002, and the limitation question under Section 11A of the Central Excise Act, 1944 had to be re-examined, since bar of limitation had not been established. The matter was therefore remitted for reconsideration on the relevant rules, notification requirements and limitation.</description>
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      <description>Refund of accumulated Cenvat credit for an exporter required fresh examination under Rule 5 of the Cenvat Credit Rules, 2002, with the authority needing to test compliance with the safeguard, conditions and limitations prescribed by notification before denying admissibility. If Rule 5 was not applicable, the claim also had to be reconsidered under Rule 3 of the Cenvat Credit Rules, 2002, and the limitation question under Section 11A of the Central Excise Act, 1944 had to be re-examined, since bar of limitation had not been established. The matter was therefore remitted for reconsideration on the relevant rules, notification requirements and limitation.</description>
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