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2010 (8) TMI 261 - AT - Central ExciseDemand – education cess and higher education cess which was paid by the assessees and the refund of which is disputed by the Department on the ground that the amount of education cess and higher education cess was not forming part of the excise duty liability which it was paid by the assessees in terms of the Notification No. 34/2001-C.E - ‘excise duty’ under the Notification No. 38/2007-C.E., the Board had clarified that the excise duty payable under the Notification No. 38/2007-CE would include all duties of excise leviable and the same would include BED, AED, NCCD, Education Cess etc - orders are not sustainable and set aside
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