<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2025 (11) TMI 134 - CESTAT KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=780666</link>
    <description>CESTAT KOLKATA (AT) allowed the appeal and set aside the impugned order, directing refund of CVD. The tribunal held the refund claim was not time-barred-filed within one year of the SC decision and payments were made &quot;under protest&quot;-so limitation defence failed. Denial for lack of original TR-6 challans was rejected as hyper-technical since departmental records can verify payments. The unjust-enrichment objection was also overturned: the assessee had certified (and a CA confirmed) that the duty was not passed to consumers, so refund must be granted.</description>
    <language>en-us</language>
    <pubDate>Thu, 07 Aug 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 04 Nov 2025 08:03:31 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=862067" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (11) TMI 134 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=780666</link>
      <description>CESTAT KOLKATA (AT) allowed the appeal and set aside the impugned order, directing refund of CVD. The tribunal held the refund claim was not time-barred-filed within one year of the SC decision and payments were made &quot;under protest&quot;-so limitation defence failed. Denial for lack of original TR-6 challans was rejected as hyper-technical since departmental records can verify payments. The unjust-enrichment objection was also overturned: the assessee had certified (and a CA confirmed) that the duty was not passed to consumers, so refund must be granted.</description>
      <category>Case-Laws</category>
      <law>Customs</law>
      <pubDate>Thu, 07 Aug 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=780666</guid>
    </item>
  </channel>
</rss>