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2008 (2) TMI 185 - CESTAT, KOLKATARefund sought of amount deposited by appellant of irregular availment of credit by them - Appellants themselves have admitted the liability and have paid, the exact amount of duty and therefore there was no dispute in this regard and no SCN was issued and no adjudication order was passed - If the Appellants felt the refund was due to them they should have applied for the same within the time limit - no evidence produced before us that the said amount was paid under protest – refund time barred
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