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2016 (11) TMI 1328

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..... the benefit of Notification No.56 /02-CE dated 14.11.2002. The appellant is claiming the refund under the Notification No.56/02-CE dated 14.11.2002 i.e. whatever duty has been paid though PLA is entitled to self refund. The sole reason to deny the credit is that they have not challenged the validity of the Notification No.19/08-CE dated 27.3.2008. Therefore, the refund is not admissible to the ap .....

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..... o. 61268-61273/2016 - Dated:- 30-8-2016 - Mr. Ashok Jindal, Member (Judicial) Present for the Appellant : Shri M.S. Dhaliwal, Consultant Present for the Respondent: Shri Harvinder Singh, AR ORDER The appellants have filed these appeals against the impugned order wherein the refund claim was rejected by the adjudicating authority. 2. The brief facts of the case are th .....

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..... E dated 27.3.2008 squarely applicable to the facts of this case. Aggrieved with the said order, the appellants are before me. 3. Learned Consultant appearing for the appellant submits that the appellant have challenged the validity of Notification No. 19/08-CE dated 27.3.2008 before the Hon'ble Jammu Kashmir High Court and obtained stay order against the operation of the said notifi .....

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..... e to the appellants. The appellant has produced the order of the Hon'ble Jammu Kashmir High Court dated 14.11.2013 in OWP No. 1732/2012 wherein the operation of the Notification No.19/08-CE dated 27.3.2008 has been modified vide order dated 21.5.2013 which is reproduced as under :- 4. It has not been disputed that the controversy in these appeals is identified to the one pending before .....

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