TMI Blog2012 (9) TMI 677X X X X Extracts X X X X X X X X Extracts X X X X ..... ties/Debtors - this is not a case where doctrine of unjust enrichment is applicable - appellant is entitled for the refund sanctioned - C/178 and 180/2011 - A/1655-1656/2011-WZB/AHD - Dated:- 30-9-2011 - Dr. P. Babu, J. REPRESENTED BY : Shri Samir Kumar Sinha, G.M., for the Appellant. Shri R. Nagar, SDR, for the Respondent. [Order]. M/s. Atlantic Shipping Pvt. Ltd., Jamnagar fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a notional duty deposit of the rate of 110% of the duty was paid. It was submitted that as per Board s letter F.No. 450/66/2005-Cus. IV, dated 24-11-2005 they are entitled to refund of duty of unutilized duty paid stores. It was also submitted that they had filed the necessary Chartered Accountant certificate. 3. Heard the appellants and respondents. I find that this Tribunal has already passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Commissioner (Appeals) to be a deposit. The same was a notional amount and the quantity for which the duty was paid was not consumed entirely in India and as such I am of the view that Commissioner (Appeals) has rightly held that the doctrine of unjust enrichment will not be applicable. Revenue s appeal is, accordingly, rejected. 4. The Hon ble High Court of Karnataka in the case of C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the head Excise Recoverable in the books of account. Date of Deposit Date of Debit Amount (Rs.) 14-6-1999 15-6-1999 80,000 13-7-1999 15-7-1999 80,000 14-8-1999 15-8-1999 80,000 Further certified that the company has neither debited the amount to Manufacturing, Trading and Profit Los ..... X X X X Extracts X X X X X X X X Extracts X X X X
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