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    <title>1995 (1) TMI 211 - CEGAT, BOMBAY</title>
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    <description>Duty paid under protest from 24-3-1982 could not be subjected to the normal refund limitation period, because the protest letter expressly disputed classification under T.I. 17(4), claimed exemption under Notification No. 66/82-C.E., and recorded payment under protest. The absence of a separate appeal against classification did not defeat the refund claim, as the earlier appellate proceedings related to a different period and did not override the protest. The protest also could not be treated as withdrawn without a speaking order, which had not been issued. The refund claim for the period after 24-3-1982 therefore had to be examined on merits.</description>
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      <link>https://www.taxtmi.com/caselaws?id=84095</link>
      <description>Duty paid under protest from 24-3-1982 could not be subjected to the normal refund limitation period, because the protest letter expressly disputed classification under T.I. 17(4), claimed exemption under Notification No. 66/82-C.E., and recorded payment under protest. The absence of a separate appeal against classification did not defeat the refund claim, as the earlier appellate proceedings related to a different period and did not override the protest. The protest also could not be treated as withdrawn without a speaking order, which had not been issued. The refund claim for the period after 24-3-1982 therefore had to be examined on merits.</description>
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