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2008 (1) TMI 148 - CESTAT, BANGALORERecovery of erroneous refund - correct procedure should have been adopted by revenue - recovery proceedings has to commence by issue of show cause notice in terms of Proviso to Section 11 A – SCN not issued for the same - The lapse is very clear on the part of the Commissioner - impugned order is not correct in law and the same is set aside by allowing the appeal of assessee
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