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    <title>2005 (11) TMI 118 - CESTAT, NEW DELHI</title>
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    <description>Refund of Modvat credit under Rule 57F(4) was held inadmissible where the same export consignments had already been covered by a drawback claim filed by the merchant exporter. The distinction sought between a drawback claim by the manufacturer and one by the merchant exporter was rejected because the decisive factor was that the consignments had already attracted drawback, making a further refund claim unsustainable. The cited decisions were found inapplicable on those facts, and the claim was rejected.</description>
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      <description>Refund of Modvat credit under Rule 57F(4) was held inadmissible where the same export consignments had already been covered by a drawback claim filed by the merchant exporter. The distinction sought between a drawback claim by the manufacturer and one by the merchant exporter was rejected because the decisive factor was that the consignments had already attracted drawback, making a further refund claim unsustainable. The cited decisions were found inapplicable on those facts, and the claim was rejected.</description>
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