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    <title>2025 (1) TMI 1783 - CESTAT CHENNAI</title>
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    <description>Cess collected on prawn/shrimp exports, having been held leviable without authority, is treated as deposits repayable rather than customs duty; refunds therefore follow. Refund claims are not time-barred where payments were made in proceedings challenging the levy and treated as paid under protest, rendering limitation inapplicable. The doctrine of unjust enrichment does not bar refunds where claimants produced credible evidence that the cess incidence was not passed on to foreign buyers. Consequently earlier rejections are set aside and appellants are entitled to refunds with consequential reliefs as per law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=466639</link>
      <description>Cess collected on prawn/shrimp exports, having been held leviable without authority, is treated as deposits repayable rather than customs duty; refunds therefore follow. Refund claims are not time-barred where payments were made in proceedings challenging the levy and treated as paid under protest, rendering limitation inapplicable. The doctrine of unjust enrichment does not bar refunds where claimants produced credible evidence that the cess incidence was not passed on to foreign buyers. Consequently earlier rejections are set aside and appellants are entitled to refunds with consequential reliefs as per law.</description>
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