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    <title>2009 (11) TMI 681 - CESTAT NEW DELHI</title>
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    <description>Refund of excise duty was held to be barred by unjust enrichment where invoices showed the duty element and the goods had been cleared on payment of duty. Subsequent buyer objections and later credit notes did not, by themselves, disprove passing on of the duty burden. Non-receipt of payment from buyers was treated as irrelevant to the test of incidence. The claim was therefore not allowable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=127751</link>
      <description>Refund of excise duty was held to be barred by unjust enrichment where invoices showed the duty element and the goods had been cleared on payment of duty. Subsequent buyer objections and later credit notes did not, by themselves, disprove passing on of the duty burden. Non-receipt of payment from buyers was treated as irrelevant to the test of incidence. The claim was therefore not allowable.</description>
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