2006 (3) TMI 597

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....esentative (DR), for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. -  The above appeal arises against the rejection of the claim for refund of the deemed credit of Rs. 83,91,297/-. 2. We have heard both sides. The appellants cleared goods for export under AR4s during the period from 28-4-98 to 17-1-99. The claim for refund was based upon the fact that deemed credit....

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....nutilised. Since the appellants were admittedly not availing the benefit of Modvat credit under Rule 57A, they are not entitled to refund of deemed credit because no credit was taken in the first place. The additional grounds for holding that they are not entitled to refund are that their exports were in discharge of obligation under Excise Duties Drawback Rule, 1971 and availment of draw back tak....