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2016 (6) TMI 151 - CESTAT MUMBAI

2016 (6) TMI 151 - CESTAT MUMBAI - TMI - Denial of refund claim - Unjust enrichment - appellants working under Maharashtra State Electricity Distribution Co. Ltd. and are a State Government Undertaking argued that the electricity tariffs are determined by Maharashtra State Electricity Regulatory Commission and neither generating company nor the distributing company can load the electricity tariff, so the question of passing on the burden of duty to anybody else does not arise - Held that:- by fo .....

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a State Electricity Distribution Co. Ltd. The appellants were sanctioned a refund claim of ₹ 22,55,980/-. However, the same was credited to the Consumer Welfare Fund by the original adjudicating authority. The appeal filed by the appellant before the Commissioner (Appeals) was also rejected. 2. Learned Counsel for the appellant argued that the refund has been wrongly denied on the ground of unjust enrichment. He argued that the appellants are working under Maharashtra State Electricity Dis .....

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