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2022 (12) TMI 904 - AT - Central ExciseRefund of duties discharged during investigation into undervaluation of physician samples - goods cleared by them between 8th January 2005 and 6th November 2006 - It is common ground that the credit restored in the account of the two units was the reversal of earlier debit for discharge of duty liability ‘under protest’ during the investigations - HELD THAT:- Impossibility of utilisation of such credit upon restoration is not valid ground for monetisation as an alternative. The restoration of credit has placed the appellant no differently from that of having carried forward the credit till closure of the units without having undertaken discharge of duty liability. Furthermore, duty liability had been discharged at the option of the appellant; in the revised appellate scheme, prescribed pre-deposit pending disposal was the sole mandate of law. The submission of the Learned Counsel for appellant is thus devoid of logic or merit. There are no reason to interfere with the rejection of plea for monetisation of the impugned amount. Appeal is dismissed.
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