https://www.taxtmi.com/caselaws?id=211430 Amounts recovered by encashment of bank guarantees furnished during provisional assessment were treated as security, not as duty payment, so the doctrine of unjust enrichment under Section 11B did not apply. On finalisation of assessment, where excess duty was found to have been paid, refund of the encashed guarantee amount was therefore not barred as a duty refund. The Revenue's reliance on unjust enrichment was rejected because the dispute concerned return of security realised through bank guarantee encashment, not refund of excise duty actually paid. The refund claim was upheld. en-us Tue, 02 Aug 2011 00:00:00 +0530 Wed, 21 Mar 2012 08:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=211430 Amounts recovered by encashment of bank guarantees furnished during provisional assessment were treated as security, not as duty payment, so the doctrine of unjust enrichment under Section 11B did not apply. On finalisation of assessment, where excess duty was found to have been paid, refund of the encashed guarantee amount was therefore not barred as a duty refund. The Revenue's reliance on unjust enrichment was rejected because the dispute concerned return of security realised through bank guarantee encashment, not refund of excise duty actually paid. The refund claim was upheld. Case-Laws Central Excise Tue, 02 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=211430