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    <title>2005 (8) TMI 201 - CESTAT, NEW DELHI</title>
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    <description>Pre-deposit was waived in a dispute over an alleged erroneous refund relating to Additional Excise Duty paid on inputs used in exported goods, because the claim was supported by the principle that exported goods and the inputs used in their manufacture should not bear the relevant duty burden. The Tribunal noted that the Board&#039;s clarification dated 9-2-2004 reinforced the appellant&#039;s prima facie case. It also held that recovery by adjustment during pendency of the stay application was impermissible, and directed restoration of any amount already recovered.</description>
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      <title>2005 (8) TMI 201 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=54272</link>
      <description>Pre-deposit was waived in a dispute over an alleged erroneous refund relating to Additional Excise Duty paid on inputs used in exported goods, because the claim was supported by the principle that exported goods and the inputs used in their manufacture should not bear the relevant duty burden. The Tribunal noted that the Board&#039;s clarification dated 9-2-2004 reinforced the appellant&#039;s prima facie case. It also held that recovery by adjustment during pendency of the stay application was impermissible, and directed restoration of any amount already recovered.</description>
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