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    <title>2009 (12) TMI 359 - CESTAT, CHENNAI</title>
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    <description>Materials used to construct an anti-static carpet in situ for a 100% EOU were held to fall within Notification No. 1/95, because the notification covered the carpet and its parts and consumables and the fact that it was not purchased as a finished item did not alter its essential character. The refund claim was also found not to be barred by unjust enrichment, as the Chartered Accountant&#039;s certificate and balance sheet entries showed the duty incidence had not been passed on. The departmental challenge to the refund therefore failed and the lower appellate authority&#039;s refund order was sustained.</description>
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      <link>https://www.taxtmi.com/caselaws?id=77395</link>
      <description>Materials used to construct an anti-static carpet in situ for a 100% EOU were held to fall within Notification No. 1/95, because the notification covered the carpet and its parts and consumables and the fact that it was not purchased as a finished item did not alter its essential character. The refund claim was also found not to be barred by unjust enrichment, as the Chartered Accountant&#039;s certificate and balance sheet entries showed the duty incidence had not been passed on. The departmental challenge to the refund therefore failed and the lower appellate authority&#039;s refund order was sustained.</description>
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