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2016 (2) TMI 214 - AT - Central ExciseEligibility to get refund of excess duty - unjust enrichment - duty paid in cases where such excess duty collected from the buyers were restored to the buyers by way of credit notes - Held that:- In case of IBP Limited (2013 (10) TMI 263 - CESTAT NEW DELHI ) it was held that when initially goods have been supplied at a provisional price which subsequently had been reduced and when the higher price initially charged along with higher duty had been adjusted by the assessee from the subsequent supplies made, it cannot be said that the incidence of duty has been passed on by the assessee to their customer as held in Universal Cylinders Limited. The said judgment of the Tribunal has been affirmed by the Hon’ble Apex Court [2004 (8) TMI 690 - SUPREME COURT]. In the case of IBP Limited (Supra), this Tribunal held that if the credit notes are genuine and had been acted upon resulting in neutralizing the higher incidence of duty earlier passed on, the refund claim would no longer be hit by the principle of unjust enrichment. - Decided in favour of assessee.
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