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of <h1>Court allows appeal, rebate can't be denied without proof of fraud. Notification entitles appellants.</h1> <h3>OMKAR OVERSEAS LTD. Versus UNION OF INDIA</h3> OMKAR OVERSEAS LTD. Versus UNION OF INDIA - 2003 (156) E.L.T. 167 (SC) The Supreme Court allowed the appeal by the assessee regarding rebate denial due to short payment of duty by the manufacturer. The court held that rebate cannot be denied if there was no fraud, collusion, or wilful misstatement. The appellants were entitled to the rebate under the Notification.
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