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    <title>2008 (6) TMI 490 - CESTAT, MUMBAI</title>
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    <description>A dispute arose on whether credit of Additional Duty of Excise wrongly used to pay basic excise duty could be restored suo motu in the Cenvat account after the amount was later paid through PLA, or whether the assessee had to pursue refund. The Tribunal noted conflicting views on the effect of the retrospective amendment and recovery mechanism under the Finance legislation, and observed that the issue had already produced contrary decisions. No substantive determination was made; the matter was directed to be placed before the President for reference to a Larger Bench.</description>
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      <link>https://www.taxtmi.com/caselaws?id=124384</link>
      <description>A dispute arose on whether credit of Additional Duty of Excise wrongly used to pay basic excise duty could be restored suo motu in the Cenvat account after the amount was later paid through PLA, or whether the assessee had to pursue refund. The Tribunal noted conflicting views on the effect of the retrospective amendment and recovery mechanism under the Finance legislation, and observed that the issue had already produced contrary decisions. No substantive determination was made; the matter was directed to be placed before the President for reference to a Larger Bench.</description>
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