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2015 (1) TMI 123 - CESTAT MUMBAIRefund claim - Unjust enrichment - Duty paid under protest - Issue decided in favour of assessee by Tribunal - Refund barred by limitation - Held that:- On perusal of the record, this Tribunal held that the respondent are not required to pay duty on notional interest for the advances received from the buyers on 17-10-2003 and refund claim was filed on 1-12-2003 and same was filed within time as issue has been settled by the Tribunal on 17-10-2003. As per the decision of the Hon’ble Supreme Court in the case of MRF Ltd. [2004 (1) TMI 79 - SUPREME COURT OF INDIA] wherein the Hon’ble Apex Court held that time limit for refund claim starts from the date when the issue has been settled. Therefore, I hold that refund claim filed by the respondent was within time. Further, I find the issue of unjust enrichment has been examined by the Commissioner (Appeals) and has held that the Chartered Accountant certificate has been produced and gate passes and invoices produced by the respondent to prove that duty has been paid under protest and has not been recovered from the buyers. I hold that the respondent is also able to pass the bar of unjust enrichment. - Decided against Revenue.
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