2017 (5) TMI 1288

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....te, for Appellant Shri Pawan Kumar Singh, Superintendent (AR), for Respondent ORDER Per: Anil G. Shakkarwar The present appeal is filed by the appellant, M/s Samsung India Electronics Pvt. Ltd. against Order-in-Appeal No. 36-CE/APPL/NOIDA/2011dated 24/02/2011 passed by Commissioner of Central Excise & Customs (Appeals), Noida. 2.   The brief facts of the case are that the ....

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....llant and the said Show Cause Notice also has a proposal for appropriation of the said amount and since the said Show Cause Notice is still pending adjudication, he has rejected the application for refund. Aggrieved by the said order appellant preferred appeal before Commissioner (Appeals). It was decided through impugned Order-in-Appeal No. 36-CE/APPL/NOIDA/2011dated 24/02/2011 wherein the ld. Co....

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....is without any authority of law with the exchequer. 5.   Heard the ld. D. R. who has submitted a report dated 11/01/2017 received from Commissionerate, Noida wherein it has informed that said Show Cause Notice dated 02/02/2010 is still pending adjudication. 6.   Having considered the rival contentions and on perusal of record, I find that the amount which was deposited on....