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2007 (12) TMI 335 - CESTAT, MUMBAIExtract: .......y of duty does not arise when the initial payment of duty is accepted and refund is not being claimed of the initial duty paid and duty is paid second time. The plea of unjust enrichment does not sustain at all. The Commissioner (Appeals) rsquo s order is accordingly set aside and the appeal is allowed with consequential relief. (Dictated in Court)
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