Unjust enrichment does not bar refund from finalised provisional assessment, allowing waiver and stay of recovery.

Refund or adjustment arising on finalisation of provisional assessment under Section 18(2) of the Customs Act, 1962 was treated as distinct from a standard refund claim under Section 27. The Tribunal applied the cited authorities to hold that the doctrine of unjust enrichment did not bar the assessee's claim in the same manner as it would in an ordinary refund case. On that basis, recovery pending appeal was not justified, and full waiver with stay of recovery was granted in favour of the assessee.

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Issues: Whether the doctrine of unjust enrichment applies to refund or adjustment arising from provisional assessment under Section 18(2) of the Customs Act, 1962, so as to justify recovery pending appeal.

Analysis: The dispute concerned recovery of excess duty paid on provisional assessment. The argument against the assessee was that the refund mechanism under Section 18(2) attracted the bar of unjust enrichment. The contrary view accepted by the Tribunal was that, on finalisation of assessment, the governing principle was the one applied in the cited authorities, and the refund/adjustment could not be defeated by invoking unjust enrichment in the manner suggested by the Revenue.

Conclusion: The doctrine of unjust enrichment was held not to bar the assessee's claim at this stage, and full waiver with stay of recovery was granted in favour of the assessee.

Ratio Decidendi: Where refund or adjustment arises on finalisation of assessment under Section 18(2) of the Customs Act, 1962, the bar of unjust enrichment is not attracted in the same manner as in a standard refund claim under Section 27 of the Customs Act, 1962.

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