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2000 (6) TMI 604 - AT - Central ExciseExtract: .......aim would not be barred by limitation. In the case where the refund claim was properly filed or in the case where the refund should be paid suo motu, the question of protest otherwise would not be relevant . 4. emsp We find no merit in the logic of the Commissioner (Appeals). His order does not sustain. We set aside the same. The appeal is allowed.
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