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    <title>2011 (3) TMI 1129 - CESTAT, DELHI</title>
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    <description>A refund claim cannot be used to reopen a finalised, appealable assessment or to dispute whether the goods were dutiable; such objections must be raised in the statutory adjudication or appeal process. The exemption under Notification No. 74/93-CE was available only on strict compliance with its conditions, including proof that the goods were manufactured by a State Government factory and intended for use by a Government department, which was not established on the record. The assessee also failed to rebut unjust enrichment, as mere assertions or a general balance-sheet reference did not prove that the duty incidence had not been passed on. The refund claims were therefore unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=209117</link>
      <description>A refund claim cannot be used to reopen a finalised, appealable assessment or to dispute whether the goods were dutiable; such objections must be raised in the statutory adjudication or appeal process. The exemption under Notification No. 74/93-CE was available only on strict compliance with its conditions, including proof that the goods were manufactured by a State Government factory and intended for use by a Government department, which was not established on the record. The assessee also failed to rebut unjust enrichment, as mere assertions or a general balance-sheet reference did not prove that the duty incidence had not been passed on. The refund claims were therefore unsustainable.</description>
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