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    <title>2025 (7) TMI 698 - CESTAT ALLAHABAD</title>
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    <description>Amounts paid under mistake of law, where no excise duty was legally leviable, were treated as recoveries without authority of law rather than valid duty payments, so the refund claim was held outside the limitation regime in Section 11B of the Central Excise Act. The dispute goods were regarded as outside the Central Excise net under Chapter Note 5 of Chapter 30, and the limitation objection therefore failed. The refund was also found not barred by unjust enrichment because the assessee showed, through ledger entries, invoices and a Chartered Accountant certificate, that the incidence had not been passed on to buyers. The refund claim was accordingly maintainable with interest.</description>
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      <title>2025 (7) TMI 698 - CESTAT ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=774630</link>
      <description>Amounts paid under mistake of law, where no excise duty was legally leviable, were treated as recoveries without authority of law rather than valid duty payments, so the refund claim was held outside the limitation regime in Section 11B of the Central Excise Act. The dispute goods were regarded as outside the Central Excise net under Chapter Note 5 of Chapter 30, and the limitation objection therefore failed. The refund was also found not barred by unjust enrichment because the assessee showed, through ledger entries, invoices and a Chartered Accountant certificate, that the incidence had not been passed on to buyers. The refund claim was accordingly maintainable with interest.</description>
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