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    <title>2004 (2) TMI 218 - CESTAT, NEW DELHI</title>
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    <description>Rule 57F(13) of the Central Excise Rules was read as requiring the Revenue to permit utilisation of accumulated Modvat credit against duty on clearances, with refund available where adjustment was not possible. The Tribunal rejected the view that the manufacturer had to exhaust domestic clearances or export clearances on payment of duty before seeking refund. Because the credit had accumulated in relation to exports under bond, refusal of refund on a supposed first-use requirement was not justified. The refund claim was therefore allowable and the denial of refund was unsustainable.</description>
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    <pubDate>Mon, 09 Feb 2004 00:00:00 +0530</pubDate>
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      <title>2004 (2) TMI 218 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=53159</link>
      <description>Rule 57F(13) of the Central Excise Rules was read as requiring the Revenue to permit utilisation of accumulated Modvat credit against duty on clearances, with refund available where adjustment was not possible. The Tribunal rejected the view that the manufacturer had to exhaust domestic clearances or export clearances on payment of duty before seeking refund. Because the credit had accumulated in relation to exports under bond, refusal of refund on a supposed first-use requirement was not justified. The refund claim was therefore allowable and the denial of refund was unsustainable.</description>
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      <pubDate>Mon, 09 Feb 2004 00:00:00 +0530</pubDate>
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