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    <title>1994 (8) TMI 37 - HIGH COURT AT CALCUTTA</title>
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    <description>Imported goods consumed by the importer in manufacture, and not sold as such, were treated as falling within the statutory refund exception because the incidence of customs duty had not been passed on to a buyer. The amended refund framework still governed the claim since the application was filed before amendment, but on the admitted facts the doctrine of unjust enrichment did not apply. Refund of the excess additional customs duty was therefore available on proof that the duty burden remained with the importer rather than being transferred downstream.</description>
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      <link>https://www.taxtmi.com/caselaws?id=43851</link>
      <description>Imported goods consumed by the importer in manufacture, and not sold as such, were treated as falling within the statutory refund exception because the incidence of customs duty had not been passed on to a buyer. The amended refund framework still governed the claim since the application was filed before amendment, but on the admitted facts the doctrine of unjust enrichment did not apply. Refund of the excess additional customs duty was therefore available on proof that the duty burden remained with the importer rather than being transferred downstream.</description>
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