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    <title>2015 (10) TMI 221 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>Refund could not be denied on the basis of unjust enrichment where the record showed no evidence that the assessee had recovered tax from customers on sale of IMFL closing stock. The goods were tax-free before 26.6.2001 and taxable for a limited period thereafter, but the sale invoices and assessment material indicated that the sale price remained unchanged during both periods. In the absence of cogent evidence of any extra collection by way of tax, the contrary inference drawn by the Tribunal majority was treated as conjectural. The refund issue was therefore decided in favour of the assessee.</description>
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      <description>Refund could not be denied on the basis of unjust enrichment where the record showed no evidence that the assessee had recovered tax from customers on sale of IMFL closing stock. The goods were tax-free before 26.6.2001 and taxable for a limited period thereafter, but the sale invoices and assessment material indicated that the sale price remained unchanged during both periods. In the absence of cogent evidence of any extra collection by way of tax, the contrary inference drawn by the Tribunal majority was treated as conjectural. The refund issue was therefore decided in favour of the assessee.</description>
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