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Central Excise

Principles of unjust enrichment - Refund amount ordered to be...

Tribunal Rules on Unjust Enrichment: Appellant Entitled to Excise Duty Refund with Interest, Not Credited to Welfare Fund.

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Central Excise February 28, 2024 Case Laws AT
Principles of unjust enrichment - Refund amount ordered to be credited to the Consumer Welfare Fund instead of being paid to the appellant - The Tribunal interprets Clause (e) of the third proviso to section 11B of the Central Excise Act, 1944, and concludes that the appellant had indeed borne the burden of the duty and had not passed it on to any other party. - Based on the findings, the Tribunal determines that the appellant is entitled to the refund amount along with interest, which should be reimbursed directly to the appellant instead of being credited to the Consumer Welfare Fund.

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Acts Income Tax