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    <title>2024 (6) TMI 1107 - CESTAT CHANDIGARH</title>
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    <description>Refund under Notification No. 56/2002-CE was held unavailable for education cess and secondary and higher education cess because the exemption mechanism applies only to duty expressly covered by the notification, and such cesses are not automatically included with basic excise duty relief. Adjustment of a sanctioned refund against alleged dues was held impermissible where no show cause notice was issued and no personal hearing was granted, since procedural fairness and a confirmed demand were absent. The refund denial for the cesses was sustained, while the appropriation from the sanctioned refund was set aside.</description>
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      <description>Refund under Notification No. 56/2002-CE was held unavailable for education cess and secondary and higher education cess because the exemption mechanism applies only to duty expressly covered by the notification, and such cesses are not automatically included with basic excise duty relief. Adjustment of a sanctioned refund against alleged dues was held impermissible where no show cause notice was issued and no personal hearing was granted, since procedural fairness and a confirmed demand were absent. The refund denial for the cesses was sustained, while the appropriation from the sanctioned refund was set aside.</description>
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