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    <title>Reassessment paid under protest and refund claims stop liability being unprotested; accept receiving date for appeal period under Section 17(5)</title>
    <link>https://www.taxtmi.com/highlights?id=91669</link>
    <description>The CESTAT allowed the appeal by remand, holding that reassessment paid under protest and subsequent refund claims preclude treating the liability as unprotested; the Department failed to demonstrate written agreement to reassessment by the importer. The Tribunal ruled that, absent contrary evidence, the party&#039;s asserted date of receipt of the speaking order governs computation of the appeal period under Section 17(5), and the Commissioner (Appeals) erred in holding the appeal time-barred. The matter is remitted to the Commissioner (Appeals) with a direction to accept the claimed date of receipt, entertain the statutory protest rights, and adjudicate the appeal on merits. The decision accords binding weight to later authoritative precedent.</description>
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    <pubDate>Tue, 19 Aug 2025 18:17:05 +0530</pubDate>
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      <title>Reassessment paid under protest and refund claims stop liability being unprotested; accept receiving date for appeal period under Section 17(5)</title>
      <link>https://www.taxtmi.com/highlights?id=91669</link>
      <description>The CESTAT allowed the appeal by remand, holding that reassessment paid under protest and subsequent refund claims preclude treating the liability as unprotested; the Department failed to demonstrate written agreement to reassessment by the importer. The Tribunal ruled that, absent contrary evidence, the party&#039;s asserted date of receipt of the speaking order governs computation of the appeal period under Section 17(5), and the Commissioner (Appeals) erred in holding the appeal time-barred. The matter is remitted to the Commissioner (Appeals) with a direction to accept the claimed date of receipt, entertain the statutory protest rights, and adjudicate the appeal on merits. The decision accords binding weight to later authoritative precedent.</description>
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      <pubDate>Tue, 19 Aug 2025 18:17:05 +0530</pubDate>
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