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    <title>2000 (5) TMI 40 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=45411</link>
    <description>Section 11A of the Central Excises and Salt Act, 1944 was held inapplicable to recovery action under Rule 57-I of the Central Excise Rules, 1944 for wrongly availed Modvat credit before 6-10-1988. The Court reasoned that Section 11A governs non-levy, short levy, short payment and erroneous refund, while Rule 57-I operated as a special Modvat mechanism for disallowance and reversal of incorrect credit. The general limitation period could not be read into the special scheme, and the later amendment to Rule 57-I was treated as prospective only. The demand for reversal of wrongly availed credit was therefore not barred by Section 11A.</description>
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    <pubDate>Thu, 11 May 2000 00:00:00 +0530</pubDate>
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      <title>2000 (5) TMI 40 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=45411</link>
      <description>Section 11A of the Central Excises and Salt Act, 1944 was held inapplicable to recovery action under Rule 57-I of the Central Excise Rules, 1944 for wrongly availed Modvat credit before 6-10-1988. The Court reasoned that Section 11A governs non-levy, short levy, short payment and erroneous refund, while Rule 57-I operated as a special Modvat mechanism for disallowance and reversal of incorrect credit. The general limitation period could not be read into the special scheme, and the later amendment to Rule 57-I was treated as prospective only. The demand for reversal of wrongly availed credit was therefore not barred by Section 11A.</description>
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      <pubDate>Thu, 11 May 2000 00:00:00 +0530</pubDate>
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