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1988 (9) TMI 60 - HC - Central ExciseExtract: .......ion that will be taken. Therefore, when the demand made was only in respect of one-third of the duty which had become payable, and the amount having become lawfully recoverable consequent to the decision of the Supreme Court dated 4-11-1974 plaintiff had no right to seek for refund as prayed for. Hence, this appeal is allowed with costs throughout.
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