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    <title>1984 (7) TMI 389 - CEGAT NEW DELHI</title>
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    <description>Section 35G is attracted only where the proceedings themselves require determination of a question relating to the rate of duty or value for assessment; a refund claim does not fall within that bar merely because it arises from an excise dispute, where classification was already settled and no fresh rate-of-duty issue arose. Section 11B was treated as procedural, so it applied to a refund claim filed after its commencement even though the duty had been paid earlier. The correspondence relied on was construed as capable of amounting to a valid protest, including on the classification dispute, and the reference was therefore maintainable.</description>
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    <pubDate>Thu, 12 Jul 1984 00:00:00 +0530</pubDate>
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      <title>1984 (7) TMI 389 - CEGAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=167139</link>
      <description>Section 35G is attracted only where the proceedings themselves require determination of a question relating to the rate of duty or value for assessment; a refund claim does not fall within that bar merely because it arises from an excise dispute, where classification was already settled and no fresh rate-of-duty issue arose. Section 11B was treated as procedural, so it applied to a refund claim filed after its commencement even though the duty had been paid earlier. The correspondence relied on was construed as capable of amounting to a valid protest, including on the classification dispute, and the reference was therefore maintainable.</description>
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      <pubDate>Thu, 12 Jul 1984 00:00:00 +0530</pubDate>
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