Unjust enrichment

Last updated: 02 February 2009

Court :
Bombay Tribunal

Brief :
Customs - Refund of differential duty paid on import of vessel subject to principles of unjust enrichment - Duty recoverable from Customs should be shown as current assets,

Citation :
CC, Mumbai Vs M/s Hind Offshore Pvt Ltd (Dated: November 4, 2008)

CC, Mumbai Vs M/s Hind Offshore Pvt Ltd (Dated: November 4, 2008) Customs - Refund of differential duty paid on import of vessel subject to principles of unjust enrichment - Duty recoverable from Customs should be shown as current assets, once it is shown as fixed assets duty stands passed on - When vessel is used for providing services with profit motive incidence of duty passed on indirectly through sale of service - Revenue's application for stay of refund order allowed : MUMBAI CESTAT

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Arbind Aggarwal

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