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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.

Latest Judiciary


Refund of Stamp Duty on cancelled agreements: Doctrine of Unjust Enrichment

Corporate Law : Bombay HC allows refund of ₹78.65 lakhs in stamp duty, despite delay in filing. Court prioritizes substantive justice over techn...

September 6, 2024 1116 Views 0 comment Print

Unjust Enrichment Does Not Apply to Captively Consumed Goods Without Sale

Excise Duty : CESTAT Mumbai allows Bhor Industries' appeal, addressing unjust enrichment and duty refund issues from 1970-1982. Remanded case fo...

August 10, 2024 183 Views 0 comment Print

No Unjust Enrichment if Excise Duty Not Collected from Customers: CESTAT

Excise Duty : The CESTAT Mumbai ruled in favor of Hindustan Coca Cola, allowing them a refund and rejecting the concept of unjust enrichment. Le...

November 6, 2023 267 Views 0 comment Print

CESTAT denies Excise Duty Refund due to Unmet Burden of Proving No Unjust Enrichment

Excise Duty : The CESTAT Ahmedabad addresses a case involving a refund dispute related to abatement and excise duty, emphasizing the need for cl...

October 24, 2023 252 Views 0 comment Print

CA Certificate Suffices to Prove Non-Pass on of Excise Duty Obligation

Excise Duty : Analyze CESTAT Mumbai's ruling in Indian Oil Corporation Ltd. vs. Commissioner of Central Excise, focusing on 'unjust enrichment' ...

September 19, 2023 549 Views 0 comment Print


Refund of Service Tax cannot be denied to a person bearing the incidence of tax

June 12, 2023 621 Views 0 comment Print

CESTAT Delhi in case of Quality Builders & Contractor vs Commissioner of Central Excise, set a new precedent for service tax refund claims.

CESTAT explains Test to determine unjust-enrichment

April 23, 2023 1005 Views 0 comment Print

CESTAT Ahmedabad orders a fresh look into Vapi Care Pharma’s refund claim, probing the unjust enrichment aspect and duty pass-through.

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