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2020 (4) TMI 338 - AT - Central ExciseRefund of Excess Excise Duty - principles of unjust enrichment - refund granted but the same is directed to be credited to the consumer welfare fund as per amended Section 11B(2) read with Section 12C of Central Excise Act 1944 - finalisation of provisional assessment - whether the principles of unjust enrichment to the provisional assessment in the year 1995 would be applicable on finalisation of assessment in 2008? - HELD THAT:- This issue has been resolved by the Hon’ble Bombay High Court in CEAT Ltd case [2018 (5) TMI 605 - BOMBAY HIGH COURT ] where it was held that The proviso to Rule 9B(5) would be made applicable only with effect from 25.06.1999 and therefore the principle of unjust enrichment cannot be made applicable to the refunds arising out of finalization of the provisional assessments pertaining to the period prior to 25.06.1999 even if the assessments are finalized after 25.06.1999. It is not in dispute that the provisional assessment was directed in the year 1995 and relevant documents for finalisation of claim have been submitted in the year 1996. The department finalised the assessment only in the year 2008 - the principles of unjust enrichment would not be applicable to the refund filed consequent to finalisation of provisional assessment initiated in the year 1995. Appeal dismissed - decided against Revenue.
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