2003 (5) TMI 97

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....he issue involved is whether the principle of unjust enrichment is applicable to the refund claimed by M/s. Maruti Udyog Ltd. 2. Shri U. Raja Ram, learned D.R., submitted that the Respondents had imported Pipe Comp Catalyst in April, 1995 and cleared the same on payment of customs duty. Subsequently they filed a refund claim on the ground that as the goods imported by them were meant for use in t....

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.... further, submitted that the duty paid by the Respondents at the time of clearance from the Customs, must have been taken into consideration while working the cost of end-product and as such incidence of duty might have been passed to the customers; that no manufacturer would be charitable enough to exclude the customs duty paid on the raw material in the price of the finished products; that there....

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....erein the customs duty paid in excess, of which refund claim had been sought by them, has been shown in their balance-sheet as an amount recoverable from the Customs. He, further, submitted that the Commissioner (Appeals) had considered the certificate dated 8-1-2001 of M/s. D.P. Kapur & Co., Chartered Accountants, wherein it has been certified that the amount of Rs. 38,03,340/- being the amount r....

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....e Commissioner (Appeals) has allowed the refund of the duty claimed by the Respondents after being satisfied that the documentary evidence produced by them goes to show that burden of incidence of duty had not been passed on to the buyers of the car. In the appeal filed by the Revenue no material has been brought on record to rebut the findings of the Commissioner based on the balance-sheet, C.A. ....