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    <title>2011 (6) TMI 691 - CESTAT BANGALORE</title>
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    <description>Rectification under the CESTAT&#039;s error-correction jurisdiction was held unavailable where the alleged mistake was not apparent from the record. The assessee&#039;s plea that a 100% EOU was deemed registered could not support rectification because that basis had not been pleaded earlier, so rejection of the refund claim on non-registration was not shown to be erroneous. The Revenue&#039;s plea that Section 11B limitation applies to refund claims under Rule 5 of the Cenvat Credit Rules also failed, because the original view followed binding precedent that Section 11B does not govern such refunds. Both rectification applications were rejected.</description>
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      <link>https://www.taxtmi.com/caselaws?id=165447</link>
      <description>Rectification under the CESTAT&#039;s error-correction jurisdiction was held unavailable where the alleged mistake was not apparent from the record. The assessee&#039;s plea that a 100% EOU was deemed registered could not support rectification because that basis had not been pleaded earlier, so rejection of the refund claim on non-registration was not shown to be erroneous. The Revenue&#039;s plea that Section 11B limitation applies to refund claims under Rule 5 of the Cenvat Credit Rules also failed, because the original view followed binding precedent that Section 11B does not govern such refunds. Both rectification applications were rejected.</description>
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