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Customs - Highlights / Catch Notes

Home Highlights May 2012 Year 2012 This

Customs - Refund – doctrine of unjust enrichment would not apply to fine and penalty - AT

Customs

May 8, 2012

Refund – doctrine of unjust enrichment would not apply to fine and penalty - AT

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  1. Denial of refund claim - Finalization of provisional assessment - prior to the amendment i.e. 13-7-2006, this doctrine of unjust enrichment was not attracted to refund...

  2. Refund of duty – principle of unjust enrichment is not applicable to refund of interest and redemption fine- - AT

  3. Pre deposit made by VODAFONE shall not be subject to the doctrine of unjust enrichment

  4. Refund claim - the doctrine of unjust enrichment is established, even if the credit notes are issued after clearance of goods. - AT

  5. Appellant's refunds of interest, paid as per the provision of Sec. 61(2) of the Customs Act, 1962, will not be hit by the doctrine of unjust enrichment - AT

  6. Refund - principles of unjust enrichment - the unjust enrichment is not applicable even when the refund amount is claimed as expenses in the Profit and Loss Account.

  7. Refund claim - Cess - unjust enrichment - The amount realized from the foreign buyer was only FOB value - the refund of cess is not hit by unjust enrichment

  8. Unjust enrichment - refund claim - bar of unjust enrichment not applicable to imported capital goods used captively by the importer - refund cannot be denied.

  9. Refund claim - unjust enrichment - Merely because it was shown as expenditure, the department cannot contend that pre-deposit made by appellant is hit by unjust...

  10. Denial of refund claim - Unjust enrichment - Duty paid twice - e appellants are entitled for refund claim for duty paid on Ethanol - unjust enrichment is not applicable - AT

 

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