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    <title>2006 (8) TMI 170 - CESTAT NEW DELHI</title>
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    <description>The Court dismissed the Revenue&#039;s appeal, upholding the Order-in-Appeal directing that the refund payable to the assessee should not be diverted to the consumer welfare fund under the Central Excise Act. It was held that the amount paid by the assessee was not subject to unjust enrichment as the notional interest on advance amount was not includible in the assessable value. The Court found that no passing on of duty incidence occurred, as the customers did not pay for the notional interest, leading to the rejection of the Revenue&#039;s arguments based on presumptions under the Act.</description>
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    <pubDate>Mon, 14 Aug 2006 00:00:00 +0530</pubDate>
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      <title>2006 (8) TMI 170 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=30006</link>
      <description>The Court dismissed the Revenue&#039;s appeal, upholding the Order-in-Appeal directing that the refund payable to the assessee should not be diverted to the consumer welfare fund under the Central Excise Act. It was held that the amount paid by the assessee was not subject to unjust enrichment as the notional interest on advance amount was not includible in the assessable value. The Court found that no passing on of duty incidence occurred, as the customers did not pay for the notional interest, leading to the rejection of the Revenue&#039;s arguments based on presumptions under the Act.</description>
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      <pubDate>Mon, 14 Aug 2006 00:00:00 +0530</pubDate>
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