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2012 (12) TMI 973 - CGOVT - Central ExciseDenial of rebate claim - Availment of CENVAT Credit - manufacturer exporter accepted the same as mistake and reversed the said availed credit - Held that:- Applicant Exporter as manufacturer was regularly submitting his Central Excise Returns and never suppressed anything, his pleas of above mistake as having been committed inadvertently needs to be considered and his subsequent reversal of that part of inadmissible Cenvat credit should be taken as compliance of applicable provisions of Notification No. 21/2004-C.E. (N.T.), dated 6-9-2004 read with Rule 18 of Central Excise Rules, 2004. Government therefore following the principle as adopted in M/s. Cot Fab Exports [2005 (11) TMI 100 - GOVERNMENT OF INDIA] is of the considered opinion that such a substantial benefit of rebate claim should not be denied once the Cenvat credit stands reversed. - Decided in favour of assessee.
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