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2014 (10) TMI 17 - AT - Central ExciseCENVAT Credit - Denial of refund claim - Whether the appellant was correct in taking credit on his own in respect of amount paid by him in excess in October 2001 and whether on denial of such credit, whether he can file refund claim - Held that:- appellant did pay an excess amount of duty in October 2001 debiting the same in modvet account. This error was noticed by them in October 2004 and by a letter informing the Range Superintendent and Jurisdictional Assistant Commissioner and after a lapse of one month, they took credit in the modvat account in October 1994. In our view, availing credit of the excess duty paid through modvat account after a lapse of three years, that too suo moto, seems to be incorrect as there is nothing indicated in the records that the duty was recovered by them or otherwise. It is also noticed that the appellant had on their own paid up the said amount as directed by the lower authorities alongwith interest on 24.08.2005 hence the said credit and subsequent reversal has squared up the demands which has been raised on the appellant - Refund is correctly rejected by the lower authorities as the provisions of Section 11B of Central Excise Act, 1944, mandates an assessee to claim the refund of any excess duty paid within a period of one year from the date of payment of such duty. - Decided against assessee.
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