TMI Blog2009 (3) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... . The same was not applicable to refund any interest amount. The said provisions stand amended w.e.f. 10-5-2008, introducing the concept of unjust enrichment even in respect of refund of interest amount. The said amendment is not retrospective. As such, inasmuch as during the relevant period, the provisions of unjust enrichment were not attracted in respect of interest refund, Revenue’s contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee @ Rs. 1000/- per day, as against the correct rate of 13% in terms of Notification No. 66/2003-C.E. (N.T.), dt. 12-9-03. When the above mistake was realized by them, they claimed refund of excess interest so paid by them. The original adjudicating authority while admitting that the interest was paid in excess, sanctioned the refund but ordered for transferring of amount in Consumer Welfare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e other hand have submitted that the said expenses could not be shown as receivables in their balance sheet as the facts of excess payment of interest came to their knowledge very late. I find that the adjudicating authority has not disputed appellant's contentions that the invoices issued by them did not reflect any such payment as receivable by them from ' their customers and they have also not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority's findings of unjust enrichment." 3. The respondents have also submitted that when the invoices were raised against the customers, only the quantum of duty required to be paid by them was reflected in the same. As such, their customers have paid the duty amount only. The interest liability has arisen only on account of their failure to pay the duty in time. Such payment of interest is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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