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2017 (12) TMI 427 - AT - Central ExciseRestoration of MODVAT credit - refund of interest - benefit of N/N. 203/92-Cus - amnesty scheme - case of Revenue is that there is no provision for restoration of the Cenvat Credit as has been rightly pointed out by the ld Commissioner (Appeals) - Held that: - The Modvat credit availed by the assessee was used for payment of excise duty, though under protest and there is no provision for cash refund of such duty paid through Modvat credit. It is also relevant to consider rule 57L of the Rules which says that no credit of money on the inputs used in the manufacture of the final products shall be allowed if the final products are exempt from the whole of the duty of excise leviable thereon or is chargeable to nil rate of duty - Since, in the instant case, the said credit was utilized for payment duty, we do not think it proper to direct the authorities to reverse the entries in RG 23 A registers by giving them liberty to deny the availment of Modvat claim at a later point of time. Such a course of action has no sanction in law. The restoration/refund of the Modvat Credit under the said Rules is denied - appeal dismissed - decided against appellant.
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