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2011 (1) TMI 618 - AT - Central ExciseRe-credit - Arithmetical calculation errors - Appellant is engaged in the manufacture of processed fabrics - The original reversal of the credit in July 2004, with a view to avail the new excise scheme for clearance of the goods without payment of duty and the subsequent re-crediting of a part amount involves legal issue required to be decided by the authorities, in accordance with law - The Larger Bench of the Tribunal in the case of BDH Industries Ltd. (2008 -TMI - 30889 - CESTAT MUMBAI) held that in such a scenario, refund applications are required to be filed. In the absence of any reasons as to why the re-credit was being claimed by the appellant, it is not possible to hold that such re-credit was on account of any arithmetical errors - Decided against the assessee.
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