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2004 (8) TMI 221 - AT - Central ExciseExtract: .......he same goods as the appellant after paying duty at a lower rate. It has not established as to how, as a matter of fact, it had absorbed the higher amount of duty. This claim cannot be countenanced in view of the aforesaid observations of the Apex Court. The claim remains unsubstantiated and was correctly rejected. The appeal fails and is rejected.
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