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Issues:
Claim for refund of Rs. 10,43,190 - Unjust enrichment - New evidence - Application for stay of operation of impugned order. Analysis: 1. Claim for refund of Rs. 10,43,190: The Appellate Tribunal noted that the lower appellate authority allowed the claim for refund after determining that the refund claim was not barred by unjust enrichment. The evidentiary materials, including a Chartered Accountant's certificate, were examined to establish that the burden related to the refund amount had not been passed on to any other person. The Tribunal observed that the department's main grievance was regarding the reliance on new evidence by the Commissioner (Appeals) which was not presented before the original authority. However, the Tribunal was not convinced by this argument and found no objection to the authenticity of the Chartered Accountant's certificate. 2. Unjust Enrichment: The Departmental Representative (D.R.) referred to the Supreme Court's judgment in Sahakari Khand Udyog Mandal Ltd. v. Commissioner of Central Excise & Customs to support the application of the doctrine of unjust enrichment to the refund claim. The Tribunal acknowledged the application of the doctrine by the Commissioner (Appeals) in determining that the claim was not barred by unjust enrichment. Additionally, the Tribunal observed that the refund amount had been held by the department for over a year since the impugned order was issued, indicating that the department was effectively retaining the amount even without a stay on the order. 3. Application for Stay of Operation of Impugned Order: The application filed by the department for a stay of operation of the impugned order was dismissed by the Tribunal. Despite the department's request, the Tribunal found no grounds to grant a stay considering the examination of evidentiary materials, the application of the doctrine of unjust enrichment, and the department's retention of the refund amount for an extended period. The decision to dismiss the application was based on the Tribunal's assessment of the facts and circumstances surrounding the case, ultimately leading to the denial of the stay. In conclusion, the Appellate Tribunal, in the given judgment, addressed the issues related to the claim for refund, unjust enrichment, and the application for a stay of operation of the impugned order. The Tribunal's analysis focused on the evidentiary materials, the application of legal doctrines, and the department's actions concerning the refund amount, leading to the dismissal of the application for a stay.
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