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    <title>2005 (8) TMI 226 - CESTAT, MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=54557</link>
    <description>Credit notes issued after clearance can rebut unjust enrichment where they show the duty burden was not retained by the supplier, and refund cannot be refused on that ground. In this matter, the assessee relied on post-clearance credit notes and a District Collector&#039;s certificate evidencing supply of goods for relief purposes under Notification No. 2/2001-C.E.; those materials were treated as sufficient to show that the incidence of duty had not been passed on. The further insistence on purchase orders and cheque particulars was found unnecessary on the facts. The refund claim was therefore allowed.</description>
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    <pubDate>Wed, 24 Aug 2005 00:00:00 +0530</pubDate>
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      <title>2005 (8) TMI 226 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=54557</link>
      <description>Credit notes issued after clearance can rebut unjust enrichment where they show the duty burden was not retained by the supplier, and refund cannot be refused on that ground. In this matter, the assessee relied on post-clearance credit notes and a District Collector&#039;s certificate evidencing supply of goods for relief purposes under Notification No. 2/2001-C.E.; those materials were treated as sufficient to show that the incidence of duty had not been passed on. The further insistence on purchase orders and cheque particulars was found unnecessary on the facts. The refund claim was therefore allowed.</description>
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      <pubDate>Wed, 24 Aug 2005 00:00:00 +0530</pubDate>
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