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#Unjust enrichment

Unjust enrichment under tax laws refers to a legal principle that prevents individuals or entities from benefiting unjustly or unfairly at the expense of the tax system. It applies when a taxpayer receives a refund or tax benefit that they are not entitled to, either due to error, misrepresentation, or non-compliance with tax laws. Tax authorities have mechanisms in place to identify and rectify cases of unjust enrichment, ensuring that taxpayers do not retain undue financial advantages. Unjust enrichment provisions serve to maintain fairness, integrity, and compliance within the tax system, and non-compliance can result in penalties, interest, or legal consequences.

30 articles
Excise DutyCESTAT Delhi Allows KKC & SBC Refund Despite Limitation & Unjust Enrichment Objections
Excise Duty

CESTAT Delhi Allows KKC & SBC Refund Despite Limitation & Unjust Enrichment Objections

CA Sandeep Kanoi2 weeks ago
Service TaxCESTAT Allahabad Allows Service Tax Refund After Rebutting Unjust Enrichment Through Credit Notes
Service Tax

CESTAT Allahabad Allows Service Tax Refund After Rebutting Unjust Enrichment Through Credit Notes

CA Sandeep Kanoi1 month ago
Service TaxRefund Allowed as Unjust Enrichment Not Established for Reversed CENVAT Credit: CESTAT Delhi
Service Tax

Refund Allowed as Unjust Enrichment Not Established for Reversed CENVAT Credit: CESTAT Delhi

CA Sandeep Kanoi1 month ago
Custom DutyExcise Duty Refund Denied Due to Excess Realisation Over FOB Value Triggering Unjust Enrichment
Custom Duty

Excise Duty Refund Denied Due to Excess Realisation Over FOB Value Triggering Unjust Enrichment

CA Sandeep Kanoi4 months ago
Custom DutyCustoms Refunds & Unjust Enrichment: Export Proceeds vs FOB Value, Burden of Tax & Legal Tests
Custom Duty

Customs Refunds & Unjust Enrichment: Export Proceeds vs FOB Value, Burden of Tax & Legal Tests

Sreeranjan NG5 months ago
Service TaxRefund Claim Remanded as Adequate Opportunity not given to Prove Absence of Unjust Enrichment
Service Tax

Refund Claim Remanded as Adequate Opportunity not given to Prove Absence of Unjust Enrichment

CA Sandeep Kanoi6 months ago
Corporate LawOrissa HC Orders Refund of Excess BDA Consent Charges
Corporate Law

Orissa HC Orders Refund of Excess BDA Consent Charges

CA Sandeep Kanoi12 months ago
Goods and Services TaxService Tax Paid Under RCM Post-GST Not Barred by Unjust Enrichment: Calcutta HC
Goods and Services Tax

Service Tax Paid Under RCM Post-GST Not Barred by Unjust Enrichment: Calcutta HC

CA Sandeep Kanoi1 year ago
Goods and Services TaxUnjust Enrichment: A Comprehensive Analysis of Recent Judicial Precedents
Goods and Services Tax

Unjust Enrichment: A Comprehensive Analysis of Recent Judicial Precedents

Abhishek Raja Ram1 year ago
Custom DutyCESTAT Bangalore Orders Unjust Enrichment Review in ₹25 Lakh Refund Case
Custom Duty

CESTAT Bangalore Orders Unjust Enrichment Review in ₹25 Lakh Refund Case

CA Sandeep Kanoi1 year ago
Custom DutyBank Guarantee Encashment Not Duty Payment; Unjust Enrichment Doctrine Inapplicable
Custom Duty

Bank Guarantee Encashment Not Duty Payment; Unjust Enrichment Doctrine Inapplicable

POONAM GANDHI1 year ago
Excise DutyCESTAT overturns refund rejection citing under Protest payment & price regulation
Excise Duty

CESTAT overturns refund rejection citing under Protest payment & price regulation

CA Sandeep Kanoi1 year ago
Excise DutyCESTAT Allows Refund of excise duty under protest to Allied Chemical
Excise Duty

CESTAT Allows Refund of excise duty under protest to Allied Chemical

CA Sandeep Kanoi1 year ago
Custom DutyDelhi HC allows Refund based on CA Certificate & Invoices, Rejects Unjust Enrichment
Custom Duty

Delhi HC allows Refund based on CA Certificate & Invoices, Rejects Unjust Enrichment

CA Sandeep Kanoi1 year ago