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2015 (10) TMI 717 - ALLAHABAD HIGH COURT

2015 (10) TMI 717 - ALLAHABAD HIGH COURT - 2015 (323) E.L.T. 682 (All.) - Denial of refund claim - Unjust enrichment - Whether on the facts and circumstances of the case, the Tribunal was justified in law in holding that merely because the appellant had charged uniform prices from all its customers, it would be treated that the burden of excise duty had been passed on so as to deny the refund on the ground of unjust enrichment - held that:- Appellant applied for refund, which was rejected on the .....

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from the customers as held by the Supreme Court in CCE, Mumbai-II vs. Allied Photographics India Ltd., [2004 (3) TMI 63 - SUPREME COURT OF INDIA] - Decided against assessee. - Central Excise Appeal Defective No. - 97 of 2005 - Dated:- 15-7-2015 - Tarun Agarwala and Surya Prakash Kesarwani, JJ. For the Petitioner : A.P. Mathur For the Respondent : S.S.C., N.K. Chatterjee, S. Chopra ORDER Heard Sri A.P.Mathur, the learned counsel for the appellant and Sri B.K.S.Raghuvanshi, the learned counsel fo .....

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