https://www.taxtmi.com/caselaws?id=122727 Unutilized deemed credit was held refundable where duty had been paid through the PLA instead of by adjusting the available credit and no further adjustment was possible. The reasoning turned on the absence of an express bar in Rule 5 of the Cenvat Credit Rules, 2002, and the verification record supported that the invoices reflected net duty after deducting deemed credit. The objection based on alleged non-production of documents was found inconsistent with the Superintendent's verification. The refund claim therefore could not be rejected merely because the credit remained unadjusted, and relief was warranted. en-us Thu, 09 Aug 2007 00:00:00 +0530 Thu, 16 Aug 2012 17:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=122727 Unutilized deemed credit was held refundable where duty had been paid through the PLA instead of by adjusting the available credit and no further adjustment was possible. The reasoning turned on the absence of an express bar in Rule 5 of the Cenvat Credit Rules, 2002, and the verification record supported that the invoices reflected net duty after deducting deemed credit. The objection based on alleged non-production of documents was found inconsistent with the Superintendent's verification. The refund claim therefore could not be rejected merely because the credit remained unadjusted, and relief was warranted. Case-Laws Central Excise Thu, 09 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=122727