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    <title>2008 (10) TMI 246 - MADHYA PRADESH HIGH COURT</title>
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    <description>A refund claim for unutilised Modvat credit under a Rule 57F notification was treated as governed primarily by the scheme&#039;s own procedural requirements, including proof of export and supporting registers. Section 11B limitation was not applied as an absolute bar because the refund mechanism was notification-based and procedural in character. The decisive question was whether the assessee had produced the required documentary evidence to establish export and credit entitlement. A short delay of 27 days, by itself, was insufficient to defeat an otherwise eligible claim, and the refund was to be examined on merits under the relevant notification and rules.</description>
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    <pubDate>Fri, 17 Oct 2008 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=48360</link>
      <description>A refund claim for unutilised Modvat credit under a Rule 57F notification was treated as governed primarily by the scheme&#039;s own procedural requirements, including proof of export and supporting registers. Section 11B limitation was not applied as an absolute bar because the refund mechanism was notification-based and procedural in character. The decisive question was whether the assessee had produced the required documentary evidence to establish export and credit entitlement. A short delay of 27 days, by itself, was insufficient to defeat an otherwise eligible claim, and the refund was to be examined on merits under the relevant notification and rules.</description>
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