938. Restriction of overpayment credits on grounds of 'unjust enrichment'.

In relation to a claim for the crediting of overpaid VAT1, it is a defence that the crediting of the amount claimed would unjustly enrich2 the claimant3. Two factors are to varying degrees to be disregarded in considering the matter of unjust enrichment: the extent to which the loss arising from the overcharged or overpaid amount is borne by a person other than the taxpayer