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M/s. Shubh Labh Agency Versus CCE, Bhopal

2015 (9) TMI 585 - CESTAT NEW DELHI

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 giv .....

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l Excise Duty on its finished products and therefore the refund claim is hit by the doctrine of unjust enrichment under section 11B of Central Excise Act, 1944 made applicable to the service Tax matters by virtue of section 83 of the Finance Act, 199 .....

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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 .....

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sentation on behalf of the appellant nor is there any request for adjournment. Earlier also notice was sent to the appellant for appearing for hearing on 30.4.2015, but nobody appeared on the behalf of the appellant on that day also and therefore the .....

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