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    <title>Refund of Deposits &#039;Under Protest&#039; not Barred by Unjust Enrichment During Adjudication.</title>
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    <description>The appellant is entitled to refund of the amount deposited &#039;under protest&#039; during the pendency of adjudication proceedings and investigation, as it cannot be considered payment of duty and is not hit by the bar of unjust enrichment u/s 11B of the Central Excise Act, 1944. The deposit made from April 2016 to June 2017, when no show cause notice was issued, was merely a precautionary measure and cannot be characterized as &#039;duty&#039;. Relying on judicial precedents, the Tribunal held that such deposits are not subject to unjust enrichment principles and allowed the refund claim, setting aside the impugned orders.</description>
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    <pubDate>Thu, 19 Dec 2024 08:47:41 +0530</pubDate>
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      <title>Refund of Deposits &#039;Under Protest&#039; not Barred by Unjust Enrichment During Adjudication.</title>
      <link>https://www.taxtmi.com/highlights?id=84102</link>
      <description>The appellant is entitled to refund of the amount deposited &#039;under protest&#039; during the pendency of adjudication proceedings and investigation, as it cannot be considered payment of duty and is not hit by the bar of unjust enrichment u/s 11B of the Central Excise Act, 1944. The deposit made from April 2016 to June 2017, when no show cause notice was issued, was merely a precautionary measure and cannot be characterized as &#039;duty&#039;. Relying on judicial precedents, the Tribunal held that such deposits are not subject to unjust enrichment principles and allowed the refund claim, setting aside the impugned orders.</description>
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      <pubDate>Thu, 19 Dec 2024 08:47:41 +0530</pubDate>
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