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2018 (4) TMI 1022 - AT - Central ExciseRefund of accumulated CENVAT credit - appellant-assessee had conceded not to claim this amount from the department - Held that: - dispute is 15 years old it would be better to close the issue - once having conceded that item N. 3 and 4 (of the table) needs decent burial, appellant should not have exhumed the issue by filing the refund claim before the authorities - refund rightly rejected. Secondly, it has to be noticed that before the Tribunal clearly stated that the issue involved in the amount of ₹ 42,01 lakhs (serial No. 3 and 4) is contentious one and would require detailed arguments and consideration of various issues, also in view of the time elapsed appellant's counsel has, conceded that the issue as being not pressed, rearguing the issue on the pretext of filing a refund claim would be incorrect on the part of the appellant. Thirdly, these findings of the Tribunal in paragraph 15 has also attained finality in the hands of the apex Court. Hence seeking indulgence of the Tribunal for revisiting the issue once again is not in consonance with the settled law. Refund rightly rejected - appeal dismissed - decided against appellant.
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