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2009 (2) TMI 100 - AT - CustomsApplicability of principle of unjust enrichment on refund arising due to finalization of provisional assessment for period prior to 13.7.06 - Section 27 and Section 18 was amended only in 2006 – Section 18 amended w.e.f. 13.7.06 - contention of revenue that such amendment has to be understood as clarificatory in nature, is not acceptable - HC in Hindalco case considered this issue in detail and concluded that when provisional assessment is finalized, the assessee is entitled to refund and he does not have to make the claim. Therefore, the provisions of Section 27 is not attracted – in view of this decision, reference is answered in favour of assessee
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