2005 (10) TMI 199

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..... the Tribunal vide its order Nos. C-I/1825-26/WZB dated 15-5-2000, filed refund of duty deposited by them during the pendency of the dispute. The Commissioner (Appeals) has observed in his impugned order that the Hon'ble CEGAT discussed the issue at length and held the demand in question are barred by limitation and accordingly set aside the Commissioner (Appeals)'s order and directed for conseque .....

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..... eela Foam Pvt. Ltd. v. Commissioner of Central Excise, Noida, reported in 2003 (154) E.L.T. 522 (Tri. - LB). The Board's Circular No. 275/37/2K-CX.8A, dated 2-1-2002 has held that such refund should be granted. The Board's Circular is binding upon the authorities. As such, the authorities below were bound to grant the refund irrespective of the facts that the reference application has been filed b .....

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