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    <title>2009 (2) TMI 838 - BOMBAY HIGH COURT</title>
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    <description>Duty paid at the correct rate when molasses was stored defeated the refund claim under Section 11B of the Central Excise Act, because the Tribunal&#039;s conclusion on the payment rate was a pure finding of fact. The High Court held that a later variation in the duty rate did not change the material fact that the applicable duty had been correctly paid at the time of storage. Since no substantial question of law arose from that factual determination, the Court declined to reappraise the evidence and dismissed the appeal, leaving no basis for refund.</description>
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      <link>https://www.taxtmi.com/caselaws?id=183253</link>
      <description>Duty paid at the correct rate when molasses was stored defeated the refund claim under Section 11B of the Central Excise Act, because the Tribunal&#039;s conclusion on the payment rate was a pure finding of fact. The High Court held that a later variation in the duty rate did not change the material fact that the applicable duty had been correctly paid at the time of storage. Since no substantial question of law arose from that factual determination, the Court declined to reappraise the evidence and dismissed the appeal, leaving no basis for refund.</description>
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