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2011 (4) TMI 1055 - CESTAT, MUMBAIRefund claims - claims were rejected as time barred - Revenue appeared before him and submitted that the assessee was not in a position to utilize the deemed credit and the deemed credit register was in the custody of the department – Held that:- Superintendent (Technical) of the department himself has admitted that the deemed credit has not been utilized by the respondents and extract showing evidence that the deemed credit is lying in their credit account is with the department itself, appeal of Revenue rejected
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