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2017 (3) TMI 502 - AT - Central ExciseRefund claim - unjust enrichment - differential duty paid in excess - refund claim filed on the ground that the CVD was payable at the rate of 30 Rs. Per square meter on goods namely Marble blocks instead of 16% advolram - Held that: - the issue has already been settled in the Order-in-Original No. 33/JTC/CEX/2004 dated 16-8-2004 which was upheld by the Commissioner(Appeals) vide Order-in-Appeal No. P-II BKS/344/2005 dated 30-9-2005. Therefore the said order was binding on the adjudicating authority hence original order on merit does not suffer from any infirmity - appeal dismissed - decided against Revenue.
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