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    <title>2008 (3) TMI 215 - HIGH COURT RAJASTHAN</title>
    <link>https://www.taxtmi.com/caselaws?id=30675</link>
    <description>A validating fiscal provision permitting recovery of wrongly availed Modvat credit did not abolish the existing adjudicatory recovery mechanism under the Central Excise Rules. The Court held that interest under Section 112(2)(b) could arise only after the amount recoverable was determined through an order in original, and not while show cause notices were still pending. The thirty-day payment period was linked to that adjudication order, so interest could not be levied from the date of assent to the Finance Act, 2000. Recovery and interest liability therefore had to be worked out through the statutory procedure first.</description>
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    <pubDate>Wed, 26 Mar 2008 00:00:00 +0530</pubDate>
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      <title>2008 (3) TMI 215 - HIGH COURT RAJASTHAN</title>
      <link>https://www.taxtmi.com/caselaws?id=30675</link>
      <description>A validating fiscal provision permitting recovery of wrongly availed Modvat credit did not abolish the existing adjudicatory recovery mechanism under the Central Excise Rules. The Court held that interest under Section 112(2)(b) could arise only after the amount recoverable was determined through an order in original, and not while show cause notices were still pending. The thirty-day payment period was linked to that adjudication order, so interest could not be levied from the date of assent to the Finance Act, 2000. Recovery and interest liability therefore had to be worked out through the statutory procedure first.</description>
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      <pubDate>Wed, 26 Mar 2008 00:00:00 +0530</pubDate>
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