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    <title>2012 (10) TMI 187 - CESTAT, MUMBAI</title>
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    <description>A refund claim cannot be rejected as time-barred where the disputed duty payment was endorsed as made under protest and the requirements of Rule 233B of the Central Excise Rules, 1944 were substantially complied with. The challan itself recorded protest, and the authorities had already accepted protest for the larger refunded portion, so a narrow reading of earlier correspondence could not defeat the remaining claim. On that basis, the rejection of the balance refund was unsustainable, and the assessee was entitled to refund with consequential relief in accordance with law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=217235</link>
      <description>A refund claim cannot be rejected as time-barred where the disputed duty payment was endorsed as made under protest and the requirements of Rule 233B of the Central Excise Rules, 1944 were substantially complied with. The challan itself recorded protest, and the authorities had already accepted protest for the larger refunded portion, so a narrow reading of earlier correspondence could not defeat the remaining claim. On that basis, the rejection of the balance refund was unsustainable, and the assessee was entitled to refund with consequential relief in accordance with law.</description>
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      <pubDate>Tue, 21 Jun 2011 00:00:00 +0530</pubDate>
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