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Customs - Highlights / Catch Notes

Home Highlights September 2022 Year 2022 This

Refund claim - amount paid at the time of provisional assessment ...


Refund Due to Appellant with Interest Post-Finalization of Provisional Assessment, Subject to Unjust Enrichment Test u/s 18(5).

September 22, 2022

Case Laws     Customs     AT

Refund claim - amount paid at the time of provisional assessment - Period of limitation - There is no application of Section 27 for refund arising upon finalisation of the provisional assessment. Further the refund is payable to the appellant - assessee with interest as per sub-section 4 of Section 18, subject to the test of unjust enrichment as required under sub-section 5. - AT

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