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2015 (6) TMI 499 - MADRAS HIGH COURT

2015 (6) TMI 499 - MADRAS HIGH COURT - TMI - Denial of refund claim of SAD - non-fulfillment of the conditions against paragraph 2(e)(ii) of the Notification No.102/2007-Customs dated 14.9.2007 - Held that:- Admittedly, the petitioner had preferred appeals against the Order-in-Original passed by the third respondent and after granting an opportunity of personal hearing, the second respondent allowed the appeals filed by the petitioner. Pursuant thereto, the petitioner has made a request for refu .....

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: Mr. V. Sundareswaran ORDER This writ petition has been filed by the petitioner seeking a limited prayer of directing the third respondent-Deputy Commissioner of Customs (Refunds), Chennai to refund a sum of ₹ 20,672/- and ₹ 1,36,427/- claimed by the petitioner by giving effect to the order passed by the Commissioner of Customs (Appeals), Chennai, the second respondent herein vide Order-in-Appeal C.Cus.Nos.901 & 902 of 2014 dated 12.06.2014 in Appeal Nos.C3/338 & 339/R/2014- .....

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special additional duty of customs were paid before the clearance of the said goods for home consumption, the third respondent, without taking into consideration the submissions made by the petitioner, passed the order rejecting the refund claims made by the petitioner for non-fulfillment of the conditions against paragraph 2(e)(ii) of the Notification No.102/2007-Customs dated 14.9.2007 as amended. 3. Aggrieved by the order passed by the third respondent dated 4.3.2014 in Order-in-Original Nos. .....

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