Exemption for electrical measuring instruments upheld, with refund subject to examination of unjust enrichment.

Goods described as electrical measuring, checking and analysing instruments were treated as covered by Notification No. 121/92, and the exemption denial was therefore unsustainable because the exclusion for goods already enjoying specified customs notifications did not apply. The assessee's refund claim followed from that exemption entitlement, but the issue of unjust enrichment was not finally determined and was left for examination by the adjudicating authority in accordance with law. The document thus records entitlement to exemption and refund, subject to verification of unjust enrichment before refund is granted.

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Issues: Whether the assessee was entitled to exemption under Notification No. 121/92 dated 1-3-92 and consequential refund, and whether the question of unjust enrichment required consideration.

Analysis: The goods were treated as falling within the description of electrical measuring, checking and analysing instruments covered by the notification. The proviso excluding goods that had already obtained the benefit of specified customs notifications did not apply, as the assessee had not availed any benefit under those notifications. On that basis, the denial of exemption was unsustainable. The question of unjust enrichment, however, was left to be examined by the adjudicating authority in accordance with law.

Conclusion: The assessee was held entitled to the exemption and refund claim, subject to examination of unjust enrichment by the adjudicating authority.

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