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1987 (5) TMI 187 - AT - Central ExciseExtract: .......n of the issue and the materials before me, I have no hesitation to hold that the appellant does not have to take out a refund application at all in the present case in the facts and circumstances as it is squarely covered by Section 11 B(3) of the Act. In this view of the matter I set aside the impugned order appealed against and allow the appeal.
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