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2005 (12) TMI 164 - AT - CustomsExtract: .......if they were acquiescing in the assessment. In the circumstances, we are of the view that the refund claim should not have been rejected on the ground that assessment was not challenged. 5. In the result, the impugned order gets set aside and the refund claim stands allowed and the appeal also stands allowed. (Dictated and Pronounced in Open Court)
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