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    <title>2017 (10) TMI 1411 - CESTAT HYDERABAD</title>
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    <description>Refund of excess export duty was held admissible where shipping bills were assessed on FOB basis despite the established practice, clarified by Board circular, of treating FOB value as the cum-duty price for computing export duty and cesses. The Tribunal accepted that the excess duty arose from a mistaken assessment and could be refunded under the refund and correction provisions. It also held that the assessee was not required to separately challenge the assessment before seeking refund when the assessment itself was erroneous. Relief was therefore granted on the basis of the incorrect levy and the resulting excess collection.</description>
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      <title>2017 (10) TMI 1411 - CESTAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=278186</link>
      <description>Refund of excess export duty was held admissible where shipping bills were assessed on FOB basis despite the established practice, clarified by Board circular, of treating FOB value as the cum-duty price for computing export duty and cesses. The Tribunal accepted that the excess duty arose from a mistaken assessment and could be refunded under the refund and correction provisions. It also held that the assessee was not required to separately challenge the assessment before seeking refund when the assessment itself was erroneous. Relief was therefore granted on the basis of the incorrect levy and the resulting excess collection.</description>
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      <pubDate>Tue, 24 Oct 2017 00:00:00 +0530</pubDate>
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