2014 (12) TMI 68

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..... ount is not refundable to the appellant. Only dispute in these circumstances is whether bar of unjust enrichment is applicable or not. The appellant has produced a certificate from the Chartered Accountant and shown as receivables in the balance sheet, therefore, the bar of unjust enrichment is not applicable for security deposit. Further, I find that in the case of IDMC Ltd. vs. CC [2013 (2) TMI .....

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..... und claim of the security deposit made at the time of importation of plant and machinery. The appellant in support of their claim produced the Chartered Accountant certificate certifying that for the refund of Security deposit the bar of unjust enrichment is not applicable. He also produced the Balance Sheet wherein the amount is shown as recoverable as security deposit. But lower authorities with .....

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..... not. The appellant has produced a certificate from the Chartered Accountant and shown as receivables in the balance sheet, therefore, the bar of unjust enrichment is not applicable for security deposit. Further, I find that in the case of IDMC Ltd. vs. CC 2013 (289) ELT 389, this Tribunal has held that in the case of cash securities deposit, the bar of unjust enrichment is not applicable. 5. T .....

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