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2007 (7) TMI 532
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....wala, Advocate, for the Respondent. [Order]. - This is Department's appeal against the order of the Commissioner (Appeals) No. VP/425/SRT-I/2005 dated 30-8-2005. 2. Heard both sides. 3. The relevant facts, in brief, are as follows:- (a) The respondent company was working under compounded levy scheme and paying duty on the basis of APC fixed. ....
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.... of the party and ordered sanction of refund of Rs. 51,382/- and the Department is in appeal against this issue. 4.1 I have carefully considered the submissions from both sides. It is not disputed that the duty payable under the compounded levy scheme is not linked to the actual production and clearances. Since, in such cases, the export incentives cannot be linked to actual duty paid the ....