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    <title>2009 (11) TMI 387 - CESTAT, CHENNAI</title>
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    <description>Refund was not barred by unjust enrichment because the pricing pattern showed clearance from the factory to the depot at a higher value and sale from the depot at a lower value, indicating that the duty burden had not been passed on to buyers. The absence of a separately shown excise duty component in the invoices was not decisive, as there was no statutory requirement that commercial invoices disclose a value break-up. Depot invoices predating factory clearance were also insufficient to establish unjust enrichment without a finding that factory gate invoices reflected a lower value than depot sale invoices. Refund was therefore admissible and credit to the Consumer Welfare Fund was set aside.</description>
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      <description>Refund was not barred by unjust enrichment because the pricing pattern showed clearance from the factory to the depot at a higher value and sale from the depot at a lower value, indicating that the duty burden had not been passed on to buyers. The absence of a separately shown excise duty component in the invoices was not decisive, as there was no statutory requirement that commercial invoices disclose a value break-up. Depot invoices predating factory clearance were also insufficient to establish unjust enrichment without a finding that factory gate invoices reflected a lower value than depot sale invoices. Refund was therefore admissible and credit to the Consumer Welfare Fund was set aside.</description>
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