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2003 (7) TMI 367 - CESTAT, MUMBAIExtract: ....... has been held not to be payable cannot have the effect retrospectively so that it can be said that the order of the Assistant Commissioner was illegal when it was passed. It is another matter that the appellant may now be entitled in accordance with law to the refund of Rs. 27.59 lakhs or in part of it. 4. emsp The appeal is accordingly dismissed.
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