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2008 (10) TMI 198 - CESTAT, CHENNAIRefund of CVD paid despite exemption notification – unjust enrichment - There is no dispute that the Cost Accountant had certified that the amount of refund claimed had been accounted as receivables from customs in the balance sheet of the appellants for the relevant financial year. In addition, the Cost Accountant also certified that the amount incurred by the appellants towards CVD had not been taken into account for costing of the final product manufactured and sold by the appellants. They had reversed the corresponding CVD credit in their cenvat account. These evidence abundantly establish that the appellants are eligible for cash refund of the erroneously paid CVD and that the vice of unjust enrichment would not be attracted in granting refund to the appellants. – Refund allowed. interest for delay in grant of refund also allowed.
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