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2008 (4) TMI 179 - CESTAT MUMBAIRefund - Assessee plea is that initially the goods were provisionally assessed and it is consequent upon final assessment that duty became payable and was paid by them, so principle of unjust enrichment will not be applicable – assessee’s plea is not acceptable - since assessee had accepted both in written submission as well as during the personal hearing that they had passed burden of duty to the buyers, refund was rightly rejected on ground of unjust enrichment
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