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    <title>2019 (6) TMI 904 - CESTAT NEW DELHI</title>
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    <description>Amounts deposited during investigation or pending adjudication are treated as deposits under protest, not as payment of tax in the ordinary sense, so unjust enrichment does not bar refund. On that basis, crediting the sum to the Consumer Welfare Fund was inconsistent with settled law, and the assessee remained entitled to refund. At the same time, any separate allegation that the assessee collected service tax from customers had to be examined independently under the statutory recovery mechanism, after notice and opportunity, and the refund proceedings did not preclude such action.</description>
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      <link>https://www.taxtmi.com/caselaws?id=381827</link>
      <description>Amounts deposited during investigation or pending adjudication are treated as deposits under protest, not as payment of tax in the ordinary sense, so unjust enrichment does not bar refund. On that basis, crediting the sum to the Consumer Welfare Fund was inconsistent with settled law, and the assessee remained entitled to refund. At the same time, any separate allegation that the assessee collected service tax from customers had to be examined independently under the statutory recovery mechanism, after notice and opportunity, and the refund proceedings did not preclude such action.</description>
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