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2017 (2) TMI 940 - CESTAT MUMBAIRevocation of permitted remission of duty - revocation on the ground of failing to comply with subsequent direction to reverse MODVAT credit taken on inputs - Held that: - The relevant provision for availment of credit was Central Excise Rules, 1944 and it did not incorporate a provision for recovery of credit upon settlement of claim by insurer. Neither a subsequent circular nor a decision delivered much after the sanction of remission permits such recovery. The Assistant Commissioner concerned has erred in resorting to an instruction of the Central Board of Excise & Customs that was issued after the remission was ordered in the present dispute. Appeal dismissed - decided against Revenue.
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