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    <title>2018 (4) TMI 612 - CESTAT MUMBAI</title>
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    <description>Refund of duty paid during investigation on clearances of dutiable goods manufactured on job work basis was treated as differential duty, not a mere deposit, so the statutory test of unjust enrichment applied under the Central Excise Act. The claimant was required to prove that the incidence of duty had not been passed on to another person, and that burden was not discharged on the facts. The refund claim was therefore barred by unjust enrichment, and the rejection of refund was upheld in favour of Revenue.</description>
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      <link>https://www.taxtmi.com/caselaws?id=358501</link>
      <description>Refund of duty paid during investigation on clearances of dutiable goods manufactured on job work basis was treated as differential duty, not a mere deposit, so the statutory test of unjust enrichment applied under the Central Excise Act. The claimant was required to prove that the incidence of duty had not been passed on to another person, and that burden was not discharged on the facts. The refund claim was therefore barred by unjust enrichment, and the rejection of refund was upheld in favour of Revenue.</description>
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