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    <title>2009 (9) TMI 666 - MADRAS HIGH COURT</title>
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    <description>Refund of excess excise duty on molasses remained maintainable because a prior departmental letter rejecting remission was only a non-adjudicatory communication and did not foreclose statutory examination of the refund claim. The claim was also not barred by limitation under Section 11-B of the Central Excise Act, 1944, as the duty had been paid under protest; the Court rejected the technical objection that the protest did not comply with Rule 233-B of the Central Excise Rules, 1944, and treated the relevant date under Explanation (B)(eb) as the date of adjustment after final assessment. The petitioner was held entitled to refund after adjustment of duty attributable to goods actually sold.</description>
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      <title>2009 (9) TMI 666 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=211970</link>
      <description>Refund of excess excise duty on molasses remained maintainable because a prior departmental letter rejecting remission was only a non-adjudicatory communication and did not foreclose statutory examination of the refund claim. The claim was also not barred by limitation under Section 11-B of the Central Excise Act, 1944, as the duty had been paid under protest; the Court rejected the technical objection that the protest did not comply with Rule 233-B of the Central Excise Rules, 1944, and treated the relevant date under Explanation (B)(eb) as the date of adjustment after final assessment. The petitioner was held entitled to refund after adjustment of duty attributable to goods actually sold.</description>
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