2008 (5) TMI 539

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.... Saxena, SDR, for the Respondent. [Order]. - The above appeal arises out of the order of the Commissioner (Appeals) upholding the rejection of the claim for rebate of Rs. 2,38,130.32 filed by the appellants. 2. The appellants had been availing the benefit of rebate of duty on excess production of sugar during a particular season (in excess of the average production for the seasons as....

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....nd refund the same to the assessees. Vide order dated 11-12-1981, the Assistant Commissioner granted rebate of Rs. 5.69 lakhs out of the amount of Rs. 8.07 lakhs claimed by way of rebate, rejecting the balance claim on the ground that no rebate could be granted in respect of sugar cleared without payment of duty for export, as per the provisions of Notification 146/74, on the basis of which rebate....