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2018 (5) TMI 309 - ANDHRA PRADESH HIGH COURTRefund - finalization of provisional assessments - unjust enrichment - Whether the Honble CESTATs decision is correct in holding that refund arising out of the finalization of provisional assessments during the period February 1985 to April 1995 need not pass the test of unjust enrichment as the amendment to sub-rule (5) of Rule 9B came into force only w.e.f. 25.06.1999? - Held that: - refund arising out of the finalization of provisional assessments during the period February 1985 to April 1995 need not pass the test of unjust enrichment as the amendment to sub-rule 5 of Rule 9B came into force only w.e.f. 25.06.1999. Reliance placed in the case of TVS Suzuki Ltd. and also Sinkhai Synthetics & Chemicals v. Collector Of Central Excise [2002 (4) TMI 65 - SUPREME COURT OF INDIA], wherein the applicability of amended Rule 9B, in particular sub-rule (5) was discussed, and the specific plea that sub-rule (5) of Rule 9B would be applicable to the refund claims made even prior to the amended provision came into existence, was rejected holding that the operation of sub-rule (5) of Rule 9B was not retrospective. Appeal dismissed - decided against appellant-Revenue.
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