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2008 (6) TMI 28

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....08 dated. 23.6.2008 certified on 9.7.2008 in Appeal No. ST/426/2007) Shri Pradyumna, Advocate, for the Appellants. Ms. Sudha Koka, SDR, for the Respondent. [Order per S. L. Peeran, Member (Judicial)] - This appeal arises from the Order-in-Appeal No. 82/2007 dated 31.10. 2007 by which the Commissioner (Appeals) rejected the refund claim of Rs. 4,33,446/- under the provisions of unjust enrichment....

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....ervices Pvt. Ltd., 2006 (2) STR 350 (Tri.-Kolkata) and J.R.K. Industries (P) Ltd. Vs. Commissioner of Central Excise, 2006 (74) RLT 574 (CESTAT-Del.) = 2006 (206) ELT 338 (Tri.-Del.). 2. The learned DR submits that the amounts collected was required to be reimbursed to the Government as it was collected as duty/tax in terms of Section 11D of the Act. Even otherwise, the refund is hit by provision....