Corporate insolvency resolution process amended with expanded disclosure, guarantor asset transfer rules, and new dissolution and restoration procedur...
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The CESTAT upheld the Commissioner's order denying the appellant's refund claim for duty paid on UF/PF resin used captively, affirming the application of the principle of unjust enrichment. The Tribunal relied on Supreme Court precedents establishing that in cases of captive consumption, the burden lies on the claimant to prove non-transfer of duty. The refund amount of Rs. 51,33,004.71, though acknowledged as paid, is required to be credited to the Consumer Welfare Fund under Section 12C of the Central Excise Act. Consequently, the appeal was dismissed, confirming the revenue's entitlement to recover the erroneously sanctioned refund and directing appropriate legal action.
The CESTAT upheld the Commissioner's order denying the appellant's refund claim for duty paid on UF/PF resin used captively, affirming the application of the principle of unjust enrichment. The Tribunal relied on Supreme Court precedents establishing that in cases of captive consumption, the burden lies on the claimant to prove non-transfer of duty. The refund amount of Rs. 51,33,004.71, though acknowledged as paid, is required to be credited to the Consumer Welfare Fund under Section 12C of the Central Excise Act. Consequently, the appeal was dismissed, confirming the revenue's entitlement to recover the erroneously sanctioned refund and directing appropriate legal action.
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