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2005 (5) TMI 585 - CESTAT, MUMBAIExtract: .......aking suo motu credit the appellant should have file a refund claim cannot save the demand from being time-barred, when there is no intention to evade duty or suppress or misdeclare facts. 4. emsp In view of above, I find no infirmity in the order of the Commissioner (Appeals) and accordingly reject the Revenue rsquo s appeal. (Pronounced in Court)
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