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2016 (10) TMI 609 - CESTAT MUMBAI

2016 (10) TMI 609 - CESTAT MUMBAI - TMI - Denial of refund of AED - correlation of the unutilised credit to the quantum of export of the goods - whether the Revenue's contention of denial of refund is justified on the ground that credit availed will remain unutilised even if goods are not exported? - Held that: - identical issue in respect of the very same assessee was decided where it was held that refund has to be granted of the unutilized credit. - Appeal dismissed - impugned order upheld .....

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iled by the respondent for the period 2002-03. The adjudicating authority has denied the refund on the grounds that the credit availed of AED (GSI) taken by the respondent would have remained unutilized even if the goods were not exported. It is the case of the Revenue that the unutilized credit for which the refund has to be sanctioned, needs to be correlated to the quantum of export of the goods. 4. We are unable to accept the Revenue s contention as articulated by the learned departmental rep .....

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