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    <title>2012 (9) TMI 1164 - GUJARAT HIGH COURT</title>
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    <description>The High Court upheld the Tribunal&#039;s decision that the amount recovered through refund appropriation was considered a pre-deposit, not duty, under the Customs Act. The respondent was not required to file a refund claim under section 27, as the amount was deemed a pre-deposit. The principle of unjust enrichment did not apply. The Department was directed to refund the amount with 12% interest from a specified date, a decision upheld by the High Court. The appeal was dismissed, with no substantial legal questions identified for review.</description>
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      <title>2012 (9) TMI 1164 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=282313</link>
      <description>The High Court upheld the Tribunal&#039;s decision that the amount recovered through refund appropriation was considered a pre-deposit, not duty, under the Customs Act. The respondent was not required to file a refund claim under section 27, as the amount was deemed a pre-deposit. The principle of unjust enrichment did not apply. The Department was directed to refund the amount with 12% interest from a specified date, a decision upheld by the High Court. The appeal was dismissed, with no substantial legal questions identified for review.</description>
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      <pubDate>Thu, 13 Sep 2012 00:00:00 +0530</pubDate>
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