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2015 (9) TMI 585 - CESTAT NEW DELHI

2015 (9) TMI 585 - CESTAT NEW DELHI - TMI - Denial of refund claim - Unjust enrichment - Onus to prove - Held that:- Appellant had filed refund claim claiming it to be consequent upon the CESTATs Final Order [2008 (7) TMI 47 - CESTAT, NEW DELHI]. We find that the Commissioner (Appeals) has given clear finding that amount of refund claim is in respect of service tax which has been recovered from the customer namely M/s. J.P. Cement, Rewa and M/s. J.P. Cement has taken cenvat credit of the said se .....

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scharged by the appellant. - Decided against assessee. - Appeal No.ST/925/2009-CU (DB) - FINAL ORDER NO.52405/2015 - Dated:- 9-7-2015 - Mr. R.K. Singh, Member (Technical) and Ms. Sulekha Beevi C.S., Member (Judicial), JJ. For the Petitioner : None For the Respondent: Shri M.R.Sharma, AR ORDER PER: R.K.SINGH Appeal has been filed against Order-in-Appeal dated 27.7.2009 which upheld the Order-in-Original dated 20.2.2009 in terms of which the refund claim of ₹ 5,49,539/- was rejected. 2. When .....

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