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    <title>2014 (3) TMI 556 - CESTAT MUMBAI</title>
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    <description>Duty paid on a provisional basis with an express reservation of the right to claim refund on final valuation was treated as payment under protest. Because the protest was also recorded in the statutory records and monthly returns, it was sufficiently communicated to the department. Non-compliance with the procedural requirement in Rule 233(b) of the Central Excise Rules did not alter that character. The refund claim was therefore not barred by limitation, and rejection of the claim on limitation was unsustainable.</description>
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      <description>Duty paid on a provisional basis with an express reservation of the right to claim refund on final valuation was treated as payment under protest. Because the protest was also recorded in the statutory records and monthly returns, it was sufficiently communicated to the department. Non-compliance with the procedural requirement in Rule 233(b) of the Central Excise Rules did not alter that character. The refund claim was therefore not barred by limitation, and rejection of the claim on limitation was unsustainable.</description>
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