2004 (5) TMI 361 - AT - Central Excise

Summary

Issues: Rejection of refund claim based on unjust enrichment; Burden of proof on appellant to show duty burden not passed on to customers.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Mumbai dealt with the rejection of a refund claim amounting to Rs. 1,58,665 on tyres, tubes, and flaps under Chapter 40 of the Schedule to CETA, 1985. The authorities rejected the claim citing unjust enrichment, as they believed the duty burden had been passed on to customers. Although the claim was approved on its merits, the amount was directed to be credited to the Consumer Welfare Fund.

The appellants contended that they did not pass on the duty burden to customers, as the prices remained constant even after a change in the duty rate. However, the Tribunal emphasized that this claim was merely a presumption, and the appellants were required to provide concrete evidence to support their assertion. Unfortunately, the appellants failed to produce any such evidence before the adjudicating authority or the lower appellate authority. Due to the absence of material on record proving that the duty burden was not transferred to customers, the refund claim was rightfully denied.

In conclusion, the Tribunal upheld the decision to reject the refund claim, emphasizing that the burden of proof lay with the appellant to demonstrate that the duty burden was not passed on to customers. Since no substantial evidence was presented to support this claim, the appeal was dismissed.