1996 (3) TMI 266

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....;This appeal is filed by the Revenue against the order of the CCE (Appeals), Madras who has allowed the Respondents, the refund of the accumulated MODVAT Credit attributable to the inputs contained in the goods exported by the respondents. The learned lower appellate authority has held as under : Admittedly, in the case of the appellant it is observed that at the end of very quarter certain amoun....

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....e. In the instant case, the assessee have clearance of similar final products for home consumption and the adjustment of duty is, therefore, possible. Also the assessee have not clearly established that such adjustments are not possible by any manner. It is [to] be noted that under Modvat rules, cash refunds are granted only under extraordinary circumstances. When the assessee have home consumpti....

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.....] exhausted after utilisation of the same for the purpose of payment of duty for the said clearance. 4. None is present for the respondent despite notice. 5. We observe that under Rule 57F(3) by issue of Notification No. 85/87, dated 1-3-1987 a self-contained procedure has been prescribed for granting refund of the MODVAT Credit attributable to the inputs contained in the goods export....