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1991 (6) TMI 168 - AT - Central ExciseExtract: .......e A.C. while sanctioning the refund claim as per the direction, will be at liberty to examine the issue as to the availment of the MODVAT credit by third parties, on the said items and shall be guided by the existing legal position as to the sanction of the refund claim. 8. With this modification, the appeal filed by the Department stands rejected.
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