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    <title>2009 (7) TMI 302 - CESTAT NEW DELHI</title>
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    <description>Refund of excess duty paid on supplies made under a provisional contract price was held not to be hit by unjust enrichment where the contract expressly contemplated price variation and the final contract price was fixed at a lower rate. The excess duty represented only the difference between the provisional and final price, and earlier Tribunal rulings on identical facts treated such excess as not having been passed on to buyers when the contractual adjustment was later made. As a result, refund was allowed and the Revenue&#039;s challenge failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=75253</link>
      <description>Refund of excess duty paid on supplies made under a provisional contract price was held not to be hit by unjust enrichment where the contract expressly contemplated price variation and the final contract price was fixed at a lower rate. The excess duty represented only the difference between the provisional and final price, and earlier Tribunal rulings on identical facts treated such excess as not having been passed on to buyers when the contractual adjustment was later made. As a result, refund was allowed and the Revenue&#039;s challenge failed.</description>
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