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    <title>2008 (10) TMI 92 - CESTAT, CHENNAI</title>
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    <description>Money paid at the Department&#039;s instance as a contingent cash equivalent of customs duty foregone on deemed export supplies, without any adjudication fixing duty liability, retains the character of a deposit and is refundable as such. On that basis, the ordinary limitation under section 27 of the Customs Act, 1962 for customs duty refunds does not apply. The later sanction of loan preserved the assessee&#039;s right to recover the amount, and the refund claim was therefore not barred by time. The impugned refusal of refund could not stand, and refund was held payable to the assessee.</description>
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    <pubDate>Mon, 20 Oct 2008 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=32406</link>
      <description>Money paid at the Department&#039;s instance as a contingent cash equivalent of customs duty foregone on deemed export supplies, without any adjudication fixing duty liability, retains the character of a deposit and is refundable as such. On that basis, the ordinary limitation under section 27 of the Customs Act, 1962 for customs duty refunds does not apply. The later sanction of loan preserved the assessee&#039;s right to recover the amount, and the refund claim was therefore not barred by time. The impugned refusal of refund could not stand, and refund was held payable to the assessee.</description>
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      <pubDate>Mon, 20 Oct 2008 00:00:00 +0530</pubDate>
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