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2007 (7) TMI 525 - CESTAT, BANGALOREExtract: .......pra). The Commissioner (A) was not justified in rejecting the evidence. In view of the clear-cut evidence produced by the appellants that they have not passed on the duty element on the consumer, their plea for refund of excess duty paid has to be accepted. Appeal is allowed with consequential relief, if any. (Pronounced and dictated in open Court)
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