2006 (3) TMI 353 - AT - Central Excise

Summary

Issues: Appeal against duty refund denial based on unjust enrichment.

Analysis:
The case involved an appeal by the Revenue against the denial of duty refund to the respondents, who were manufacturers of agricultural pesticides availing the benefit of SSI Notification No. 9/2000. The Notification was amended, increasing the duty rate to 60% of the normal rate up to an aggregate value of clearances of Rs. 1 crore in the financial year. The respondents, unaware of the amendment, continued to pay duty at 12.8% after crossing clearances of Rs. 50 lakhs, even though the duty payable was 9.6% due to the amendment. The Dy. Commissioner granted the refund, leading to the Revenue's appeal on the grounds of unjust enrichment. The Commissioner (A) rejected the Revenue's appeal, citing three Tribunal decisions. The Revenue contended that the order in appeal overlooked the fact that the goods were sold on a CUM duty price, including duty.

During the proceedings, the Revenue's representative argued that the price remaining the same was not conclusive evidence of the non-passing of duty burden, referencing tribunal decisions. On the other hand, the respondent's consultant maintained that the lower authorities correctly interpreted the law and granted the refund. It was highlighted that the respondents sold only to dealers unable to take any modvat credit, with prices fixed as per agreement, unaffected by the change in duty structure, thus ruling out unjust enrichment.

Upon careful review of the case records, it was observed that the respondents had paid duty at 12.8% when the correct rate was 9.6%, indicating that the higher duty paid had not been passed on to the buyer. The Tribunal concluded that the correct presumption should be that the lower duty rate was passed on to the buyer, while the excess duty was paid to the Government. The respondents were deemed entitled to the refund as the duty passed on to the buyer remained consistent even after the correction. Therefore, the Tribunal rejected the Revenue's appeal, upholding the lower authorities' decisions in favor of the respondents. The judgment was pronounced on 1-3-2006.