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    <title>2022 (1) TMI 906 - CESTAT MUMBAI</title>
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    <description>Refund of reversed CENVAT credit cannot be denied on unjust enrichment merely because the reversal was booked as expenditure in the accounts. An accounting entry by itself does not prove that duty incidence was passed on to customers unless there is evidence of a corresponding price increase or recovery from buyers. Chartered Accountant certificates and the absence of debit notes or supplementary invoices were treated as reliable evidence that the amount had not been recovered. On that basis, crediting the refund to the Consumer Welfare Fund was held unsustainable, and the assessee was entitled to refund with applicable interest.</description>
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    <pubDate>Fri, 21 Jan 2022 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=417441</link>
      <description>Refund of reversed CENVAT credit cannot be denied on unjust enrichment merely because the reversal was booked as expenditure in the accounts. An accounting entry by itself does not prove that duty incidence was passed on to customers unless there is evidence of a corresponding price increase or recovery from buyers. Chartered Accountant certificates and the absence of debit notes or supplementary invoices were treated as reliable evidence that the amount had not been recovered. On that basis, crediting the refund to the Consumer Welfare Fund was held unsustainable, and the assessee was entitled to refund with applicable interest.</description>
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      <pubDate>Fri, 21 Jan 2022 00:00:00 +0530</pubDate>
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