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2009 (7) TMI 1212 - AT - CustomsExtract: .......er regarding re-classification of the goods. Therefore the ratio of the above decision is not applicable in a case where without challenging the assessment order the refund was filed. In view of the above I find merit in the contention of the Revenue. The impugned order is set aside and Appeal is allowed. (Pronounced and dictated in the open court)
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