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2011 (6) TMI 478 - CESTAT, MUMBAIRefund - Doctrine of unjust enrichment - Notification No.5/99 dated 28.2.99 - The doctrine of unjust enrichment would come into play only when the refund is found sanctionable, this aspect is missing in the orders of both the lower authorities. The appellant have claimed that they have produced the requisite documents before the both lower adjudicating authorities - Appeal is allowed by way of remand to adjudicating authority
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