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COMMISSIONER OF CENTRAL EXCISE, HYDERABAD Versus I.T.C. BHADRACHALAM

2015 (319) E.L.T. 547 (SC) - Denial of refund claim - Payment made under protest - Unjust enrichment - Held that:- payment in question for which refund was sought was made under protest and also that the assessee had not passed on the burden of Excise duty, so paid, to the ultimate consumers. On these facts the question of unjust enrichment in the present case does not arise - Decision of HC [2004 (3)83] sustained - Decided against Revenue. - Civil Appeal No. 1351 of 2005 - Dated:- 1-5-2015 - A. .....

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