2005 (8) TMI 428 - AT - Central Excise

Summary

Issues:
1. Time-barred refund claim.
2. Principles of unjust enrichment.

Analysis:
1. Time-barred refund claim:
The appeal was filed by the Revenue against the order-in-appeal allowing a refund of Rs. 2,65,718. The Revenue contended that the refund claim was time-barred. The case involved a dispute regarding the duty excisability of molasses, with the respondent being directed by the Supreme Court to furnish a bank guarantee for clearance. The respondent began paying duty on molasses from a certain date. After the Supreme Court dismissed a writ petition, the Revenue encashed the bank guarantee, resulting in an excess amount recovered compared to the duty liability. The refund claim was filed within the stipulated time frame after the encashment, thus not being time-barred. The Commissioner (Appeals) allowed the refund after due verification, leading to the dismissal of the appeal on this issue.

2. Principles of unjust enrichment:
The Revenue also argued that the refund claim was subject to the principles of unjust enrichment. However, it was noted that in this case, the excess amount recovered by the Revenue through encashing the bank guarantee was not part of the duty liability. As the respondent sought a refund of this excess amount, which was not a duty, the principles of unjust enrichment were deemed inapplicable to the circumstances of this case. Consequently, the impugned order allowing the refund was upheld, and the appeal was dismissed. The cross-objections were also disposed of accordingly.

In conclusion, the Appellate Tribunal held that the refund claim was not time-barred and that the principles of unjust enrichment did not apply in this case, ultimately leading to the dismissal of the appeal and disposal of the cross-objections.