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    <title>2003 (2) TMI 143 - CEGAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=52294</link>
    <description>The Revenue could not appropriate Modvat credit from sanctioned refunds where the adjudication order allowing the credit had attained finality and was never challenged. Section 112 of the Finance Act, 2000 validated denial of credit for the relevant period, but it did not by itself annul the earlier allowance or authorise automatic recovery. Recovery had to be pursued separately in accordance with law. The Revenue was therefore restricted to appropriating only the amount lawfully recoverable under the existing adjudication and confirmed penalty, and not the full credit amount originally allowed.</description>
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    <pubDate>Tue, 25 Feb 2003 00:00:00 +0530</pubDate>
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      <title>2003 (2) TMI 143 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=52294</link>
      <description>The Revenue could not appropriate Modvat credit from sanctioned refunds where the adjudication order allowing the credit had attained finality and was never challenged. Section 112 of the Finance Act, 2000 validated denial of credit for the relevant period, but it did not by itself annul the earlier allowance or authorise automatic recovery. Recovery had to be pursued separately in accordance with law. The Revenue was therefore restricted to appropriating only the amount lawfully recoverable under the existing adjudication and confirmed penalty, and not the full credit amount originally allowed.</description>
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      <pubDate>Tue, 25 Feb 2003 00:00:00 +0530</pubDate>
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