CESTAT grants stay on refund order setting aside, citing lack of unjust enrichment in profit margin.

The Appellate Tribunal CESTAT, New Delhi granted a stay of operation of the order setting aside a refund granted to the appellants, finding that the appellants had shown a prima facie case for the stay due to lack of unjust enrichment in their profit margin. The stay was allowed until the appeal is resolved.

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The Appellate Tribunal CESTAT, New Delhi granted a stay of operation of the order in appeal dated 17th January, 2006, which set aside the order granting refund to the appellants. The Tribunal found that the appellants had made a prima facie case for the stay, as the profit margin earned by them did not indicate unjust enrichment. The stay of operation was allowed until the appeal is disposed of.

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