Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
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.