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2007 (10) TMI 166

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..... of 5%, they debited 55% from the PLA - In terms of the Notification, for deemed credit, the appellant was actually entitled for 50% of the aggregate of duty of excise leviable on the final products – It is purely a mistake – refund admissible - E/271/2005 - 1194/2007 - Dated:- 23-10-2007 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman Member (T) [Order per: T.K. Jayaraman, Member (T) .....

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..... the normal circumstances, had they taken the deemed credit at 50%, they would have discharged 50% of the aggregate duty only from the PLA Account. Since they had paid 55% of the aggregate duty from the PLA account, they claimed refund to the extent of Rs. 2,77,839/-. The lower authority rejected the refund claim on the ground that the credit of 45% of duty availed by them had been utilized toward .....

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..... ken less credit, they could pay only 45% of the aggregate duty from the Cenvat account and to compensate for the shortfall of 5%, they debited 55% from the PLA Account. The excess duty paid from PLA Account comes to Rs. 2,77,839/-. In terms of the Notification, for deemed credit, the appellant was actually entitled for 50% of the aggregate of duty of excise leviable on the final products. It is pu .....

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