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    <title>2003 (7) TMI 512 - CESTAT, MUMBAI</title>
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    <description>Rule 233B required specified procedural steps for payment of duty under protest, including documentary endorsements, and non-observance could deem the payment to be without protest. Where the assessee had clearly intimated protest to the Superintendent and paid duty in that protest, substantial compliance was sufficient if the statutory purpose was achieved and the missing endorsements were impracticable in the circumstances. On that basis, the duty was treated as paid under protest, and the refund claim could not be rejected as time-barred.</description>
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      <link>https://www.taxtmi.com/caselaws?id=108618</link>
      <description>Rule 233B required specified procedural steps for payment of duty under protest, including documentary endorsements, and non-observance could deem the payment to be without protest. Where the assessee had clearly intimated protest to the Superintendent and paid duty in that protest, substantial compliance was sufficient if the statutory purpose was achieved and the missing endorsements were impracticable in the circumstances. On that basis, the duty was treated as paid under protest, and the refund claim could not be rejected as time-barred.</description>
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      <pubDate>Mon, 28 Jul 2003 00:00:00 +0530</pubDate>
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