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2011 (2) TMI 584 - AT - Central ExciseCash refund - accumulated Cenvat credit - Rule 5 of the Cenvat Credit Rules, 2004 - Notification No. 43/2002-Excise, dated 19-9-2004 and 93/04-Cus., dated 10-9-2004 - There is no provision in this Rule that the cash refund of accumulated Cenvat credit would not be available if the exports have been made under Advance Licence - It is in this background that the Tribunal held that when the appellant have taken the benefit of duty exemption under Notification No. 203/92-Cus., after reversing the input duty credit, they cannot avail the cash refund of the Modvat credit, which had already been reversed. In the present case, neither the condition of non-availment of Cenvat credit in respect of the goods exported is there in the notification No. 43/2002-Cus. or 93/2004-Cus. nor the Cenvat credit availed by them has been reversed - Decided in favour of the assessee
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