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    <title>2018 (9) TMI 767 - MADRAS HIGH COURT</title>
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    <description>Refund of excess export duty was held payable where identical goods had already been classified under Chapter Heading 2614 00 20, making the higher levy unsustainable. The Tribunal&#039;s classification finding was treated as binding on subordinate authorities, and duty paid under protest had to be returned once the levy was found unlawful. Pendency of the Department&#039;s appeal before the Supreme Court did not justify withholding refund in the absence of any stay. The refusal to grant refund was therefore unsustainable and liable to be quashed.</description>
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      <description>Refund of excess export duty was held payable where identical goods had already been classified under Chapter Heading 2614 00 20, making the higher levy unsustainable. The Tribunal&#039;s classification finding was treated as binding on subordinate authorities, and duty paid under protest had to be returned once the levy was found unlawful. Pendency of the Department&#039;s appeal before the Supreme Court did not justify withholding refund in the absence of any stay. The refusal to grant refund was therefore unsustainable and liable to be quashed.</description>
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