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    <title>2000 (5) TMI 407 - CEGAT, NEW DELHI</title>
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    <description>Refund of excise duty was examined against the bar of unjust enrichment, where the claimant had paid duty on a higher assessable value and sought refund of the excess. The central question was whether the incidence of duty had been passed on to buyers; the record did not contain acceptable evidence to support the finding that the burden remained with the manufacturer, and the inference drawn from stock transfers to C &amp; F agents and area-specific pricing was insufficient. In the absence of proof that the duty had not been passed on, the refund claim was not maintainable and the refund order was set aside.</description>
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    <pubDate>Fri, 05 May 2000 00:00:00 +0530</pubDate>
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      <title>2000 (5) TMI 407 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=93862</link>
      <description>Refund of excise duty was examined against the bar of unjust enrichment, where the claimant had paid duty on a higher assessable value and sought refund of the excess. The central question was whether the incidence of duty had been passed on to buyers; the record did not contain acceptable evidence to support the finding that the burden remained with the manufacturer, and the inference drawn from stock transfers to C &amp; F agents and area-specific pricing was insufficient. In the absence of proof that the duty had not been passed on, the refund claim was not maintainable and the refund order was set aside.</description>
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      <pubDate>Fri, 05 May 2000 00:00:00 +0530</pubDate>
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