https://www.taxtmi.com/caselaws?id=33522 Amounts recovered by encashment of a bank guarantee furnished during provisional customs assessment are treated as duty paid under the refund scheme, not as a pre-deposit in appeal. Refund is therefore governed by Section 27 of the Customs Act, 1962, including the limitation period computed from adjustment after final assessment, and a claim filed beyond that period is time-barred. The claimant must also prove that the duty burden was not passed on. Where the record shows Modvat credit was taken and no contrary evidence is produced, the doctrine of unjust enrichment bars refund. en-us Fri, 19 Sep 2008 00:00:00 +0530 Thu, 21 May 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=33522 Amounts recovered by encashment of a bank guarantee furnished during provisional customs assessment are treated as duty paid under the refund scheme, not as a pre-deposit in appeal. Refund is therefore governed by Section 27 of the Customs Act, 1962, including the limitation period computed from adjustment after final assessment, and a claim filed beyond that period is time-barred. The claimant must also prove that the duty burden was not passed on. Where the record shows Modvat credit was taken and no contrary evidence is produced, the doctrine of unjust enrichment bars refund. Case-Laws Customs Fri, 19 Sep 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=33522