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    <title>2004 (9) TMI 181 - CESTAT, MUMBAI</title>
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    <description>Payment marked as made under protest was treated as sufficient where the assessee&#039;s correspondence objected to excise duty on the ground that the product was not classifiable as polyurethane foam under the relevant tariff heading. Reading the letters together, the protest was held to be adequately recorded, so non-compliance with Rule 233B was rejected and the refund claim was not barred by limitation. The question whether refund was otherwise admissible was left to the jurisdictional Assistant Commissioner or Deputy Commissioner for determination under Section 11B.</description>
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      <link>https://www.taxtmi.com/caselaws?id=53297</link>
      <description>Payment marked as made under protest was treated as sufficient where the assessee&#039;s correspondence objected to excise duty on the ground that the product was not classifiable as polyurethane foam under the relevant tariff heading. Reading the letters together, the protest was held to be adequately recorded, so non-compliance with Rule 233B was rejected and the refund claim was not barred by limitation. The question whether refund was otherwise admissible was left to the jurisdictional Assistant Commissioner or Deputy Commissioner for determination under Section 11B.</description>
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