Wednesday 3 June 2015

Unjust enrichment doesn’t apply to amounts paid under investigation for which no SCN was issued

Excise & Customs : Excess credit : (a) reversed by assessee under protest and in course of investigation and (b) for which no show-cause notice has been issued, cannot be retained by department without any demand having been raised; refund thereof is not hit by bar of unjust enrichment under section 11B

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