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    <title>2026 (4) TMI 448 - CESTAT NEW DELHI</title>
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    <description>A refund claim under the Customs Act is maintainable only after the dispute giving rise to the claim has attained finality in the assessee&#039;s own case. Where entitlement to exemption was still unsettled, a refund application filed before final determination was premature and not maintainable, even though the duty had been paid under protest. A later favourable decision on merits did not cure the defect in presentation. The application was therefore rightly rejected as premature.</description>
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      <link>https://www.taxtmi.com/caselaws?id=789379</link>
      <description>A refund claim under the Customs Act is maintainable only after the dispute giving rise to the claim has attained finality in the assessee&#039;s own case. Where entitlement to exemption was still unsettled, a refund application filed before final determination was premature and not maintainable, even though the duty had been paid under protest. A later favourable decision on merits did not cure the defect in presentation. The application was therefore rightly rejected as premature.</description>
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      <pubDate>Mon, 06 Apr 2026 00:00:00 +0530</pubDate>
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