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2014 (12) TMI 68 - CESTAT MUMBAIDenial of refund claim - Unjust enrichment - Held that:- admittedly, the appellant has not paid any duty at the time of importation of the goods. They have made a security deposit under project import scheme. It is not disputed that the said amount is not refundable to the appellant. Only dispute in these circumstances is whether bar of unjust enrichment is applicable or not. The appellant has produced a certificate from the Chartered Accountant and shown as receivables in the balance sheet, therefore, the bar of unjust enrichment is not applicable for security deposit. Further, I find that in the case of IDMC Ltd. vs. CC [2013 (2) TMI 257 - CESTAT MUMBAI], this Tribunal has held that in the case of cash securities deposit, the bar of unjust enrichment is not applicable - Decided in favour of assessee.
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