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Refund of basic duty

This query is : Resolved 
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(Querist)
12 September 2015 Dear Sir,

Please inform shall we refund Basic Duty for excess duty paid 5% instead of 10%.

Regards,
Zalak Chauhan
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RAMESH KUMAR VERMA

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RAMESH KUMAR VERMA (Expert)
12 September 2015 the basic theme of the refund as provided under section 11B of the Act is to help a genuine assessee in getting the excess duty paid or to exercise as right given to him under law. As rightly held in numerous judicial pronouncement refund is applicable only when duty of incidence has not been passed.
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