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    <title>2005 (9) TMI 161 - CESTAT, MUMBAI</title>
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    <description>Accumulated deemed Modvat credit under Rule 57F of the Central Excise Rules, 1944 was held refundable where the credit remained unutilised during the relevant export quarter and duty had been paid through PLA. Although refund was denied on the basis of condition 6 of Notification No. 85/87-C.E., the record showed that the credit was not practically available for utilisation before the compounded levy scheme intervened. The formal condition could not defeat refund on these facts, so the denial was unsound and the refund claim was allowed.</description>
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      <title>2005 (9) TMI 161 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=54593</link>
      <description>Accumulated deemed Modvat credit under Rule 57F of the Central Excise Rules, 1944 was held refundable where the credit remained unutilised during the relevant export quarter and duty had been paid through PLA. Although refund was denied on the basis of condition 6 of Notification No. 85/87-C.E., the record showed that the credit was not practically available for utilisation before the compounded levy scheme intervened. The formal condition could not defeat refund on these facts, so the denial was unsound and the refund claim was allowed.</description>
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      <pubDate>Mon, 19 Sep 2005 00:00:00 +0530</pubDate>
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