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    <title>2015 (3) TMI 1074 - CESTAT BENGLALORE</title>
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    <description>Refund of special additional duty under Notification No. 102/2007-Cus. was treated as admissible where the domestic sale invoice did not separately disclose the duty element, because the non-availment endorsement was considered a procedural requirement rather than a condition defeating relief. The objection based on conversion factor was also found unsustainable in light of earlier Tribunal authority and a connected order. On limitation, the one-year period was computed excluding the date of payment of SAD, so a claim filed on the anniversary date was within time. The refund denials were therefore set aside with consequential relief.</description>
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      <description>Refund of special additional duty under Notification No. 102/2007-Cus. was treated as admissible where the domestic sale invoice did not separately disclose the duty element, because the non-availment endorsement was considered a procedural requirement rather than a condition defeating relief. The objection based on conversion factor was also found unsustainable in light of earlier Tribunal authority and a connected order. On limitation, the one-year period was computed excluding the date of payment of SAD, so a claim filed on the anniversary date was within time. The refund denials were therefore set aside with consequential relief.</description>
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