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2014 (2) TMI 67 - AT - CustomsUnjust enrichment - Section 27(2) of the Customs Act, 1962 - Consumer Welfare Fund - Benefit under Project imports - Refund claim filed for refund of 2% security deposit - Circular No.89/95-Cus dated 09/08/1995 - Held that:- appellant has proved that he has not passed on the incidence of duty, refund was granted. In the said judgment there was no conclusion to say that pre-deposit of amounts would be construed as duty. In fact the Tribunal did not go into the question at all. In the case before us, the payment of cash security was made in terms of the Board's circular cited supra and the circular makes it abundantly clear that it is only a cash security and not any other payment. If that be so, the provisions of Section 27(2) which applies to duty and interest thereon, does not apply to cash securities made. Therefore, the question of providing unjust enrichment would not arise in the case of refund of cash securities - Following decision of IDMC Ltd. vs. CC, Mumbai [2013 (2) TMI 257 - CESTAT MUMBAI] - Decided in favour of assessee.
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