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    <title>2018 (5) TMI 1476 - CESTAT BANGALORE</title>
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    <description>A refund claim arising from duty paid on a self-assessed import could not be rejected merely because the assessment had not been separately challenged where the assessee had already carried the matter in appeal. The tribunal held that the appellate authority was wrong to decline jurisdiction on that basis, particularly in light of the binding departmental circular contemplated adjudication of such refund claims after challenge to assessment. The objection to maintainability was therefore rejected, the appellate order was set aside, and the matter was remanded for fresh decision on merits after considering the documents produced by the assessee.</description>
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      <title>2018 (5) TMI 1476 - CESTAT BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=360912</link>
      <description>A refund claim arising from duty paid on a self-assessed import could not be rejected merely because the assessment had not been separately challenged where the assessee had already carried the matter in appeal. The tribunal held that the appellate authority was wrong to decline jurisdiction on that basis, particularly in light of the binding departmental circular contemplated adjudication of such refund claims after challenge to assessment. The objection to maintainability was therefore rejected, the appellate order was set aside, and the matter was remanded for fresh decision on merits after considering the documents produced by the assessee.</description>
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