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2020 (6) TMI 144 - AT - Central ExciseRefund of CENVAT Credit - export of goods - the sole reason for which the refund has been rejected is that the appellant have utilised a substantial part of the credit while the matter was in dispute - HELD THAT:- The refund has been rejected arbitrarily and on presumption-assumption basis. The appellant had filed refund claim in the year 2004 and matter was under litigation for long time and it is almost for 16 years now. It would be wrong to expect the assessee to hold on to credit for such a long period. The condition 5 of the aforesaid Notification No. 11/2002-CE (NT) does not mean that the appellant should not be able to utilize the credit at all. It is to be read harmoniously to mean that the refund should be allowed for the manufacturer if the assessee is not in a position to utilize the Cenvat credit within a reasonable period. Refund allowed - appeal allowed - decided in favor of appellant.
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