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    <title>2003 (2) TMI 67 - Supreme Court</title>
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    <description>Provisions introducing unjust enrichment and related recovery machinery under the Central Excise Act do not apply retrospectively to a refund that was already finally and unconditionally granted before their commencement. A refund made in 1989 could not be reopened as an erroneous refund under later Sections 11B and 11D, because the matter did not arise from a pending refund claim and the amount had already been paid out. The settled refund therefore remained intact, and recovery based on unjust enrichment was not sustainable.</description>
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    <pubDate>Thu, 27 Feb 2003 00:00:00 +0530</pubDate>
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      <title>2003 (2) TMI 67 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=46495</link>
      <description>Provisions introducing unjust enrichment and related recovery machinery under the Central Excise Act do not apply retrospectively to a refund that was already finally and unconditionally granted before their commencement. A refund made in 1989 could not be reopened as an erroneous refund under later Sections 11B and 11D, because the matter did not arise from a pending refund claim and the amount had already been paid out. The settled refund therefore remained intact, and recovery based on unjust enrichment was not sustainable.</description>
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      <pubDate>Thu, 27 Feb 2003 00:00:00 +0530</pubDate>
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