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Issues: Whether the assessee was entitled to refund of education cess and higher education cess paid under Notification No. 56/02 dated 14.11.2002.
Analysis: The entitlement to refund of education cess and higher education cess was already settled by the Apex Court, which held that the assessee could claim such refund under the notification. Following that binding decision, the impugned orders could not be sustained.
Conclusion: The refund claim was held maintainable and the appeals were allowed in favour of the assessee.