https://www.taxtmi.com/caselaws?id=31974 Refund of unutilized deemed Modvat credit under the export incentive scheme was treated as distinct from an ordinary duty-refund claim. Rule 57F(13) and Notification No. 29/96-C.E. (N.T.) allowed credit for inputs used in export goods and permitted refund where adjustment was not possible, but only subject to safeguards, conditions and limitations to be specified by notification. Because no further notification prescribing those restrictions had been issued, the refund claim was not governed by the general limitation applicable under Section 11B of the Central Excise Act, 1944. The deemed credit was therefore refundable under the scheme, and the revenue's objection on limitation failed. en-us Mon, 14 Jul 2008 00:00:00 +0530 Sun, 04 Jan 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=31974 Refund of unutilized deemed Modvat credit under the export incentive scheme was treated as distinct from an ordinary duty-refund claim. Rule 57F(13) and Notification No. 29/96-C.E. (N.T.) allowed credit for inputs used in export goods and permitted refund where adjustment was not possible, but only subject to safeguards, conditions and limitations to be specified by notification. Because no further notification prescribing those restrictions had been issued, the refund claim was not governed by the general limitation applicable under Section 11B of the Central Excise Act, 1944. The deemed credit was therefore refundable under the scheme, and the revenue's objection on limitation failed. Case-Laws Central Excise Mon, 14 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=31974