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2004 (9) TMI 181 - CESTAT, MUMBAIExtract: .......the duty paid under protest has been satisfied. We, therefore, hold that the claim of refund is not barred by limitation. While setting aside the impugned order, we remand the matter to the jurisdictional Assistant Commissioner/Deputy Commissioner for deciding eligibility of the refund under Section 11B. The appeal is thus allowed by way of remand.
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