2008 (7) TMI 208 - HIGH COURT GUJARAT

Deemed credit on export – refund - neither u/r 57F(13) of CER nor under Not. no. 29/96-C.E.(N.T.) has any Notification been published in the Official Gazette by the Central Govt. prescribing any safeguards, conditions or limitations - when there is no dispute to the fact that that assessee is seeking refund of unutilized deemed credit, provisions of Section 11B, which have been relied upon by the revenue, cannot be applied – revenue’s appeal is dismissed