Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
The appellant agreed that duty paid by mistake to the government...
Duty paid by mistake to govt passed on to contractor under protest. Contractor withheld excess payment. No proof duty wasn't credited. Unjust enrichment.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
The appellant agreed that duty paid by mistake to the government was passed on to the principal contractor under protest. Their argument was that the principal contractor withheld payment exceeding the refund amount to adjust the excise duty paid by the appellant. However, no factual proof was provided or shown that the duty paid by the principal contractor was not passed on or credited against duties payable. The appellant failed to discharge the burden of proving that unjust enrichment did not occur. The impugned order upholding the rejection of refund claims due to the unjust enrichment bar was upheld, and the appeal was rejected.
The appellant agreed that duty paid by mistake to the government was passed on to the principal contractor under protest. Their argument was that the principal contractor withheld payment exceeding the refund amount to adjust the excise duty paid by the appellant. However, no factual proof was provided or shown that the duty paid by the principal contractor was not passed on or credited against duties payable. The appellant failed to discharge the burden of proving that unjust enrichment did not occur. The impugned order upholding the rejection of refund claims due to the unjust enrichment bar was upheld, and the appeal was rejected.
Note: It is a system-generated summary and is for quick reference only.