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2010 (4) TMI 449 - CESTAT, MUMBAI
Refund – Unjust Enrichment - The appellants are engaged in the manufacture of consumer electronic products like Radio-sets. They claimed the benefit of concessional rate of duty in terms of Notification No. 57/93-C.E., dated 28-2-1993 in their classification list effective from 1-3-1993 and accordingly started clearance of their products on payment of duty at the concessional rate of duty, © 10% ad valorem. Exemption subsequently granted by Tribunal but refund of duty rejected on the ground of unjust enrichment. Held that – CA’s certificate of non-recovery of duty loses its probative value, it certified that amount shown as expenses in profit & loss a/c whereas assessee collected cum-duty prices. Further if amount shown in P&L account, it must have been factored into price of goods manufactured. Refund hit by bar of unjust enrichment.