2005 (1) TMI 436

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..... his appeal against the Order-in-Appeal passed by the Commissioner (Appeals). In this case, the appellants are 100% EOU and applied for Customs Private Bonded Licence and the same was granted on certain conditions. One of the condition was that the appellant required to pay for the establishment staff posted within two weeks of the demand made by the Range Supdt. The appellant also executed a bond .....

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..... has been invariably extended by the Department and fully utilised by the appellant. 4. As the appellant paid the establishment charges without any protest, therefore, now in the refund claim, the appellant cannot claim that no service is provided by the department. In these circumstance, as the establishment charges were paid in accordance with the terms and conditions of the licensee, therefor .....

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