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2017 (1) TMI 693 - CESTAT MUMBAIRefund - classification for imported vessel - scope of Section 128 of the Customs Act, 1962 - Held that: - it would appear that the officer concerned has decided on the claim, which, though not to the satisfaction of the applicant, is nevertheless an order within the scope of Section 128 of the Customs Act, 1962. Consequently, statutory provisions of Customs Act, 1962 for further proceedings before Commissioner (Appeals) is liable to be activated. It would, in the circumstances, be inappropriate for us to decide upon, or even render any observation on, adequacy of compliance with our orders - matter on remand - appeal disposed off.
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