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    <title>2011 (4) TMI 1055 - CESTAT, MUMBAI</title>
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    <description>Refund of accumulated deemed credit was sustained where the record showed the assessee was unable to utilise the credit and the relevant credit register remained in departmental custody. On that factual basis, the lower appellate authority concluded that the refund conditions were met and that rejection of the refund claims was unjustified. The tribunal found no infirmity in that reasoning and rejected the Revenue&#039;s contention that the credit had already been utilised. The sanction of refund was accordingly upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=211547</link>
      <description>Refund of accumulated deemed credit was sustained where the record showed the assessee was unable to utilise the credit and the relevant credit register remained in departmental custody. On that factual basis, the lower appellate authority concluded that the refund conditions were met and that rejection of the refund claims was unjustified. The tribunal found no infirmity in that reasoning and rejected the Revenue&#039;s contention that the credit had already been utilised. The sanction of refund was accordingly upheld.</description>
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