https://www.taxtmi.com/caselaws?id=247673 The CESTAT allowed the appeal, overturning the rejection of a refund claim by the Assistant Commissioner and upheld by the Commissioner (Appeal). The Tribunal held that the principle of unjust enrichment did not apply to refund claims arising from finalization of provisional assessments before the 2006 amendment to Section 18 of the Customs Act. The retrospective application of the amendment was also addressed, with the Court ruling that it did not apply to refund claims arising before its enactment. The Court dismissed the appeal, emphasizing the importance of legislative timelines in determining the applicability of legal principles. en-us Fri, 28 Mar 2014 00:00:00 +0530 Mon, 19 May 2014 14:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=247673 The CESTAT allowed the appeal, overturning the rejection of a refund claim by the Assistant Commissioner and upheld by the Commissioner (Appeal). The Tribunal held that the principle of unjust enrichment did not apply to refund claims arising from finalization of provisional assessments before the 2006 amendment to Section 18 of the Customs Act. The retrospective application of the amendment was also addressed, with the Court ruling that it did not apply to refund claims arising before its enactment. The Court dismissed the appeal, emphasizing the importance of legislative timelines in determining the applicability of legal principles. Case-Laws Customs Fri, 28 Mar 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=247673