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    <title>2006 (4) TMI 434 - CESTAT, BANGALORE</title>
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    <description>Refund cannot be denied on a mere procedural lapse where double payment of duty on the same consignment is established and undisputed. The goods were first cleared in bond to the consignee&#039;s warehouse and duty was again paid on clearance, showing that duty had been discharged twice on the same transaction. In that setting, the omission relating to Annexure A under the prescribed procedure did not defeat an otherwise valid refund claim, because the consignee&#039;s clearance payment was in order and the substantive entitlement to refund stood proved. The rejection of the claim on technical grounds was therefore not justified.</description>
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    <pubDate>Thu, 27 Apr 2006 00:00:00 +0530</pubDate>
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      <title>2006 (4) TMI 434 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=119638</link>
      <description>Refund cannot be denied on a mere procedural lapse where double payment of duty on the same consignment is established and undisputed. The goods were first cleared in bond to the consignee&#039;s warehouse and duty was again paid on clearance, showing that duty had been discharged twice on the same transaction. In that setting, the omission relating to Annexure A under the prescribed procedure did not defeat an otherwise valid refund claim, because the consignee&#039;s clearance payment was in order and the substantive entitlement to refund stood proved. The rejection of the claim on technical grounds was therefore not justified.</description>
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      <pubDate>Thu, 27 Apr 2006 00:00:00 +0530</pubDate>
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