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    <title>2017 (9) TMI 765 - CESTAT  ALLAHABAD</title>
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    <description>Refund arising from finalisation of a provisional excise assessment cannot be denied merely because additional documents were not furnished, where the assessment was already finalised on the basis of the material submitted and scrutinised. The duty paid in excess was therefore refundable. The claim was also not barred by unjust enrichment because the appellate finding that the duty incidence had not been passed on to customers remained unrebutted. On that basis, the refund was upheld and the revenue challenge failed.</description>
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      <description>Refund arising from finalisation of a provisional excise assessment cannot be denied merely because additional documents were not furnished, where the assessment was already finalised on the basis of the material submitted and scrutinised. The duty paid in excess was therefore refundable. The claim was also not barred by unjust enrichment because the appellate finding that the duty incidence had not been passed on to customers remained unrebutted. On that basis, the refund was upheld and the revenue challenge failed.</description>
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