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    <title>2007 (10) TMI 79 - CESTAT, AHMEDABAD</title>
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    <description>Refund arising from finalisation of provisional assessment under the Customs Act was held not to attract the bar of unjust enrichment where the excess duty was specifically identified on the facts. In that setting, the refund was treated as consequential relief and could be granted without insisting on a fresh refund claim. The claimed exemption benefits, duty-free stores benefit, and deduction based on ship LDT were rejected because the vessel had been permitted for ship breaking, was no longer a foreign-going vessel, and no evidence supported exclusion of fuel, oil, foodstuffs, or bonded items from LDT.</description>
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    <pubDate>Wed, 10 Oct 2007 00:00:00 +0530</pubDate>
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      <description>Refund arising from finalisation of provisional assessment under the Customs Act was held not to attract the bar of unjust enrichment where the excess duty was specifically identified on the facts. In that setting, the refund was treated as consequential relief and could be granted without insisting on a fresh refund claim. The claimed exemption benefits, duty-free stores benefit, and deduction based on ship LDT were rejected because the vessel had been permitted for ship breaking, was no longer a foreign-going vessel, and no evidence supported exclusion of fuel, oil, foodstuffs, or bonded items from LDT.</description>
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