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2015 (2) TMI 693 - AT - CustomsRefund claim - Unjust enrichment - payment of duty under protest - Refund sanctioned but directed to credit the same to consumer welfare fund - appellant paid in pursuance to the ‘Less Charge Demand Notice' and appellant has succeeded in the adjudication and as consequential relief they became entitled for the refund. - Held that:- It is clear that the provision of unjust enrichment is undoubtedly applicable on the refund of the appellant. This position has been settled in Apex Court judgment in the case of Sahakari Khand Udyog (2005 (3) TMI 116 - SUPREME COURT OF INDIA). - In the present case it is observed that out of total amount of refund of ₹ 1,16,16,072/- the appellant has been reducing the depreciation. It is obvious that the depreciated amount is booked as expenditure in the profit and loss account and the same is deemed to be passed on to any other person, therefore the undepreciated amount of duty and interest lying in the books of account is admissible for refund to the appellant as incidence of which has not been passed on to any other person. Appellant is entitled for refund of undepreciated amount of duty and interest. However, the appellant is directed to produce the documentary evidence with regard to the depreciated amount of duty and interest, as at the time of release of the refund the amount. Needless to say that the release of the refund shall be subject to the condition that the appellant shall make suitable accounting of undepreciated duty and interest by deducting the same from account head of fixed assets and documentary evidence to this effect shall be submitted to the sanctioning authority - Decided partly in favour of assessee.
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