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    <title>2004 (4) TMI 477 - CESTAT, BANGALORE</title>
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    <description>The appeal was dismissed as the refund claim under the Central Excise Act was found to be hit by Sec. 11B, as the appellants failed to prove that the excess duty paid was not passed on to any other person. The Tribunal emphasized the need for documentary evidence to establish this, particularly in the context of the sale of zip fasteners. The interpretation of the show cause notice and the issuance of credit notes were crucial factors, with the appellants&#039; admission to issuing credit notes leading to the dismissal of the appeal. The doctrine of unjust enrichment and the applicability of earlier judgments were also extensively discussed, ultimately resulting in the denial of the refund claim based on post-clearance adjustments.</description>
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    <pubDate>Thu, 08 Apr 2004 00:00:00 +0530</pubDate>
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      <title>2004 (4) TMI 477 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=113845</link>
      <description>The appeal was dismissed as the refund claim under the Central Excise Act was found to be hit by Sec. 11B, as the appellants failed to prove that the excess duty paid was not passed on to any other person. The Tribunal emphasized the need for documentary evidence to establish this, particularly in the context of the sale of zip fasteners. The interpretation of the show cause notice and the issuance of credit notes were crucial factors, with the appellants&#039; admission to issuing credit notes leading to the dismissal of the appeal. The doctrine of unjust enrichment and the applicability of earlier judgments were also extensively discussed, ultimately resulting in the denial of the refund claim based on post-clearance adjustments.</description>
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