Unjust enrichment applies to refunds for imported inputs used captively; claimants must prove duty wasn't passed on. The unjust enrichment principle applies to refunds of duty paid on imported raw materials consumed captively; claimants must establish that the incidence of duty was not passed on, directly or indirectly, to any other person before a refund under the statutory refund provisions is permitted. Central Excise refund practice is to be aligned with this requirement and pending or decided cases should be reviewed accordingly.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Unjust enrichment applies to refunds for imported inputs used captively; claimants must prove duty wasn't passed on.
The unjust enrichment principle applies to refunds of duty paid on imported raw materials consumed captively; claimants must establish that the incidence of duty was not passed on, directly or indirectly, to any other person before a refund under the statutory refund provisions is permitted. Central Excise refund practice is to be aligned with this requirement and pending or decided cases should be reviewed accordingly.
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