2005 (10) TMI 474

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.... for the Respondent. [Order]. -  Heard both sides. 2. The appellant filed this appeal against the order-in-appeal passed by the Commissioner (Appeals) whereby the claim of the appellant in respect of refund of excess custom duty paid was denied on the ground that principles of unjust enrichment are applicable to capital goods also. 3. The appellant made import of some la....

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....Ltd. v. CCE vide Final Order No. 659/2005-Cus., dated 24-5-2005 [2006 (193) E.L.T. 186 (Tri. - LB)] held that principles of unjust enrichment are applicable in respect of the capital goods also. The only contention is that an opportunity to the appellant be granted to show that the appellant had not passed on the burden of duty which has already paid by them in respect of the imported goods. The c....