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    <title>2000 (8) TMI 155 - CEGAT, COURT NO. II, NEW DELHI</title>
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    <description>Refund claimed on the basis of mistaken duty classification remained subject to the unjust enrichment bar because the decisive question was whether the duty burden had been passed on to buyers. The Tribunal held that later debit notes issued by customers did not undo unjust enrichment where the burden had already been passed on at clearance; the earlier Addison &amp; Co. principle was applied, and the contrary authority was distinguished on its facts because contemporaneous debit notes and ledger entries there showed a continuing buyer liability. The refund was therefore directed to the Consumer Welfare Fund under Section 11B.</description>
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      <link>https://www.taxtmi.com/caselaws?id=49951</link>
      <description>Refund claimed on the basis of mistaken duty classification remained subject to the unjust enrichment bar because the decisive question was whether the duty burden had been passed on to buyers. The Tribunal held that later debit notes issued by customers did not undo unjust enrichment where the burden had already been passed on at clearance; the earlier Addison &amp; Co. principle was applied, and the contrary authority was distinguished on its facts because contemporaneous debit notes and ledger entries there showed a continuing buyer liability. The refund was therefore directed to the Consumer Welfare Fund under Section 11B.</description>
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