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2009 (11) TMI 809 - AT - Central ExciseRefund claim - unjust enrichment - Held that: - the appellant has able to establish that the duty incidence has not been passed on the customers and the claim is not hit by the bar of unjust enrichment and the same is not controverted by the department - the appellant are entitled for the refund claim as the appellant has been able to establish by producing the documents, namely Balance Sheet, Profit and Loss Account, Chartered Accountant Certificate and Affidavit - appeal allowed - decided in favor of appellant.
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