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    <title>2024 (6) TMI 1417 - CESTAT CHENNAI (LB)</title>
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    <description>Refund of Education Cess and Secondary and Higher Education Cess paid on Oil Industry Development Cess was held to be governed by the refund machinery under the Central Excise Act, 1944 as a complete code. The majority view applied section 11B to claims arising from payment under mistake of law, including in an illegal levy situation, and held that the statutory limitation period could not be ignored by departmental authorities or the Tribunal. Earlier decisions cited by the claimant were distinguished on the facts and legal setting. The refund claim was therefore held to be beyond time and not maintainable before the statutory authorities.</description>
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      <title>2024 (6) TMI 1417 - CESTAT CHENNAI (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=458886</link>
      <description>Refund of Education Cess and Secondary and Higher Education Cess paid on Oil Industry Development Cess was held to be governed by the refund machinery under the Central Excise Act, 1944 as a complete code. The majority view applied section 11B to claims arising from payment under mistake of law, including in an illegal levy situation, and held that the statutory limitation period could not be ignored by departmental authorities or the Tribunal. Earlier decisions cited by the claimant were distinguished on the facts and legal setting. The refund claim was therefore held to be beyond time and not maintainable before the statutory authorities.</description>
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