Unjust Enrichment In Central Excise Act
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FAQ
Under excise it is understood to be items that are movable, i.e. capable of being moved and marketable, i.e. capable of being sold. Central Excise Act defines 'Manufacture' by an inclusive definition as any process incidental or ancillary to the completion of a manufactured product.
6[(2) If any person convicted of an offence under this section is again convicted of an offence under this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to seven years and with fine: Provided that in the absence of special and ...
Any amount paid to the credit of the Central Government prior to the date of communication of the order referred to in the first proviso or the fourth proviso shall be adjusted against the total amount due from such person.?
Thus the principle of unjust enrichment prevents the defendant from unjustly enriching himself in a way that he will be bound to pay back the claimant the amount which has been paid on his behalf although not on his direction.
Section 11. Recovery of sums due to Government. Section 11A. Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded.