In case of inter-unit 'stock transfer' of intermediate goods, doctrine of unjust enrichment would not apply
Court :
Hon’ble CESTAT, New Delhi
Brief :
The Hon’ble CESTAT, Delhi after observing that the Abu Road unit had reversed the Cenvat credit taken to the extent of refund filed, held that although Satnoor unit had cleared Intermediate Products on payment of Excise duty, wherein the price of Intermediate Products and the duty had been separately mentioned in invoices, but such clearances were on stock transfer basis and not on sale. When the clearances were not on sale but were purely on stock transfer basis, there is no question of Satnoor unit having recovered the incidence of duty from Abu Road unit and, as such, the bar of unjust enrichment would not apply.
Citation :
Bhansali Engg. Polymers Ltd. Vs. Commissioner of Central Excise & Service Tax, Bhopal [(2015) 53 taxmann.com 264 (New Delhi - CESTAT)]
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Judgement posted by
Bimal Jain
Service
FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more
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