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    <title>2007 (5) TMI 116 -  HIGH COURT , ALLAHABAD</title>
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    <description>Under the Modvat scheme, short-availed credit could be taken later because the relevant rules contained no express time limit for availing validly earned credit. The scheme was treated as a self-contained special mechanism, so the six-month refund limitation in Section 11B of the Central Excise Act did not apply to subsequent availment of such credit. The later amendment introducing a six-month restriction was applied prospectively and did not govern the period in dispute. The result was that the assessee could claim the differential credit at a later stage, and the general refund limitation could not curtail that entitlement.</description>
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      <title>2007 (5) TMI 116 -  HIGH COURT , ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=2159</link>
      <description>Under the Modvat scheme, short-availed credit could be taken later because the relevant rules contained no express time limit for availing validly earned credit. The scheme was treated as a self-contained special mechanism, so the six-month refund limitation in Section 11B of the Central Excise Act did not apply to subsequent availment of such credit. The later amendment introducing a six-month restriction was applied prospectively and did not govern the period in dispute. The result was that the assessee could claim the differential credit at a later stage, and the general refund limitation could not curtail that entitlement.</description>
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