2005 (10) TMI 108

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....has proposed the following questions : "(1) Are conditions laid down in Notification No. 85/87-C.E. dated 1-3-1987 mandatory in nature and will non-fulfilment of the conditions thereof necessarily result in rejection of refund claim? (2) Does the provision of the act permit cash refund of the accumulated modvat credit upon introduction of Rule 96ZQ? (3) Is the Order of Tribunal contrary t....

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.... cash refund of accumulated deemed credit when the manufacturer/exporter is not able to adjust the same towards payment of duty on other goods cleared for home consumption or for export on payment of duty. 3. The assessee was regularly availing the deemed credit and utilizing the same for payment of duty on other goods cleared for home consumption. 4. As the Central Government introduced com....

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....ee because of the announcement of the compounded levy scheme for textiles. 8. It has further been found that the compounded levy scheme did not provide that balance of accumulated deemed credit shall lapse on the specified date, which is normally stipulated in subsequent notifications. 4.The Tribunal has, while approving and confirming the aforesaid findings, also recorded that merely becaus....