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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
Goods and Services TaxBooking Disputed Tax as Expense in Books Does Not Prove Unjust Enrichment
Goods and Services Tax

Booking Disputed Tax as Expense in Books Does Not Prove Unjust Enrichment

CA Sandeep Kanoi1 year ago
Goods and Services TaxPost-GST Assam Agricultural Market Cess Illegal, Refund Denied Under Unjust Enrichment Doctrine
Goods and Services Tax

Post-GST Assam Agricultural Market Cess Illegal, Refund Denied Under Unjust Enrichment Doctrine

CA Sandeep Kanoi1 year ago
Goods and Services TaxAssam Agricultural Market Cess Struck Down Post-GST by Gauhati HC
Goods and Services Tax

Assam Agricultural Market Cess Struck Down Post-GST by Gauhati HC

CA Sandeep Kanoi1 year ago
Custom DutyUnjust Enrichment Not Applicable to Short-Landed Goods Uncleared for Home Consumption
Custom Duty

Unjust Enrichment Not Applicable to Short-Landed Goods Uncleared for Home Consumption

CA Sandeep Kanoi1 year ago
Corporate LawRefund of Stamp Duty on cancelled agreements: Doctrine of Unjust Enrichment
Corporate Law

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

CA Lalit Munoyat2 years ago
Excise DutyUnjust Enrichment Does Not Apply to Captively Consumed Goods Without Sale
Excise Duty

Unjust Enrichment Does Not Apply to Captively Consumed Goods Without Sale

UBR Legal Advocates2 years ago
Excise DutyNo Unjust Enrichment if Excise Duty Not Collected from Customers: CESTAT
Excise Duty

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

Editor3 years ago
Excise DutyCESTAT denies Excise Duty Refund due to Unmet Burden of Proving No Unjust Enrichment
Excise Duty

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

Editor43 years ago
Excise DutyCA Certificate Suffices to Prove Non-Pass on of Excise Duty Obligation
Excise Duty

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

Editor63 years ago
Excise DutyIncidence of Duty Borne by Appellant, Unjust to Credit Refund to Consumer Welfare Fund: CESTAT
Excise Duty

Incidence of Duty Borne by Appellant, Unjust to Credit Refund to Consumer Welfare Fund: CESTAT

Editor3 years ago
Excise DutyCommissioner (A) can remand the matter to Adjudicating Authority to decide afresh
Excise Duty

Commissioner (A) can remand the matter to Adjudicating Authority to decide afresh

editor33 years ago
Excise DutyRefund claim hit by principles of unjust enrichment on failure to prove that incidence of duty not passed on
Excise Duty

Refund claim hit by principles of unjust enrichment on failure to prove that incidence of duty not passed on

POONAM GANDHI3 years ago
Service TaxDoctrine of unjust enrichment not applies to advance service tax payment
Service Tax

Doctrine of unjust enrichment not applies to advance service tax payment

editor33 years ago
Service TaxDoctrine of Unjust Enrichment inapplicable when appellant made disputed Payment
Service Tax

Doctrine of Unjust Enrichment inapplicable when appellant made disputed Payment

Editor3 years ago