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    <title>2014 (1) TMI 419 - CESTAT NEW DELHI</title>
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    <description>The appellant&#039;s refund claim for duty paid from 30.11.95 to 31.03.2002 was rejected on merit and unjust enrichment grounds. Despite a favorable decision on merit, the appellant&#039;s failure to prove non-recovery of duty from customers led to the rejection of the appeal. The appellant&#039;s practice of reducing product costs along with leviable excise duty indicated unjust enrichment, resulting in the dismissal of their appeal. The judgment emphasized that the burden of proving non-recovery was not discharged, leading to the rejection of the appeal. Both appeals were disposed of accordingly, including the cross objection filed by the appellant against the Revenue&#039;s appeal.</description>
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    <pubDate>Thu, 04 Apr 2013 00:00:00 +0530</pubDate>
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      <title>2014 (1) TMI 419 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=242198</link>
      <description>The appellant&#039;s refund claim for duty paid from 30.11.95 to 31.03.2002 was rejected on merit and unjust enrichment grounds. Despite a favorable decision on merit, the appellant&#039;s failure to prove non-recovery of duty from customers led to the rejection of the appeal. The appellant&#039;s practice of reducing product costs along with leviable excise duty indicated unjust enrichment, resulting in the dismissal of their appeal. The judgment emphasized that the burden of proving non-recovery was not discharged, leading to the rejection of the appeal. Both appeals were disposed of accordingly, including the cross objection filed by the appellant against the Revenue&#039;s appeal.</description>
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      <pubDate>Thu, 04 Apr 2013 00:00:00 +0530</pubDate>
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