2004 (1) TMI 440 - AT - Central Excise

Summary

Issues:
Refund dismissal by Job Workers, passing on of duty burden, unjust enrichment.

Refund Dismissal by Job Workers:
The appeals filed by the Job Workers against the dismissal of refunds were considered in conjunction with appeals filed by M/s. VST Industries Limited. The Advocate for the appellants acknowledged that if the appeals by M/s. VST Industries Limited were allowed, the appeals by the Job Workers would be liable for dismissal as the refunds related to the same amounts initially paid under protest by the Job Workers and later reimbursed by M/s. VST Industries Limited to the Job Workers.

Passing on of Duty Burden:
The issue remaining to be decided was whether M/s. VST Industries Limited had passed on the duty burden to their customers. The Assistant Commissioner needed to determine if the duty burden had been transferred to the customers. The Advocate for the appellants argued that since the additional duty was paid by the Job Workers much after the clearance of the goods and reimbursement was made by M/s. VST Industries Limited at a later point, there was no passing on of the duty burden to the customers. Citing previous tribunal decisions and a Supreme Court ruling, it was contended that the duty burden was not further passed on to the customers by M/s. VST Industries Limited.

Unjust Enrichment:
The Tribunal considered the submissions and dismissed the appeals filed by the Job Workers as not maintainable since they were for the refund of the same amounts claimed by M/s. VST Industries Limited. It was noted that the duty amounts in question were paid under protest after the clearance period and subsequently reimbursed by M/s. VST Industries Limited to the Job Workers, leading to the conclusion that the bar of unjust enrichment did not apply in this case. Consequently, the appeals filed by M/s. VST Industries Limited were allowed with consequential benefits.