2006 (5) TMI 234 - AT - Central Excise

Summary

Issues:
Claim for refund of duty under Notification No. 111/88-CE; Application of unjust enrichment doctrine to Government companies; Interpretation of Mafatlal Industries case; Immunity of State from unjust enrichment doctrine.

Analysis:
The case involved a claim for refund of duty by M/s. SESCOT Sheet Metal Works Ltd., a Government of Tamil Nadu entity, for supplying sheet metal products to the Tamil Nadu Civil Supplies Corporation Ltd. The claim was rejected on the grounds of unjust enrichment. The appellants argued that as a State-funded and State-controlled organization, they were exempt from unjust enrichment. The argument was based on the Mafatlal Industries case, which stated that the State represents the people and cannot be unjustly enriched. However, the Tribunal found that the appellants, although State-related, did not equate to "the State" as per the Supreme Court's judgment. The Tribunal noted that the role of the appellants was limited and did not represent the people in the same sense as the State. Therefore, the unjust enrichment doctrine applied to the appellants' refund claim.

Regarding the transfer of duty liability between the appellants and the Civil Supplies Corporation, it was done through book adjustments. The refund claim filed by the appellants was considered hit by the bar of unjust enrichment under Section 11B of the Central Excise Act. The Tribunal emphasized that even though both the appellants and the buyers were State-funded and State-controlled, they should have been aware of the legal position regarding the refund claim. The Tribunal concluded that due to the reasons discussed, they could not interfere with the impugned order, resulting in the dismissal of the appeal.