2006 (12) TMI 28 - AT - Central Excise

Refund Appellant demanded for refund of the excess duty paid prior but department oppose it After considering the fact authority made decision in favour of appellant with consequential relief

Summary

Issues:
1. Claim for refund of excess duty paid by mistake.
2. Application of unjust enrichment principle.
3. Interpretation of Larger Bench judgment in S. Kumar's Ltd. case.

Analysis:
1. The appellants in this case claimed a refund for the excess duty paid during March 2003 by mistake. They argued that the customer did not pay the higher duty, which had been mistakenly discharged by the assessee in their invoices. The issue revolved around whether the appellants were liable to pay the excess duty or entitled to a refund.

2. The Larger Bench judgment in the case of S. Kumar's Ltd. was a focal point in this case. The learned Consultant highlighted that the mere issue of credit note or debit note does not necessarily lead to the conclusion that the refund is hit by the provisions of unjust enrichment. It was emphasized that the assessee can provide evidence to show that the consumer did not pay the amount. In this instance, it was established that the consumer had not paid the amount at all, as evidenced in the records. Several subsequent judgments further clarified this position, supporting the appellants' claim for a refund.

3. The learned JDR relied on the Larger Bench judgment in the case of S. Kumar's Ltd. to argue their position. However, upon careful consideration of the records, it was evident that the customer had refused to pay the higher duty paid by mistake by the appellant. This situation was distinguished from the S. Kumar's case, where a simple credit note had been issued without establishing that the consumer had not borne the duty. The appellants successfully proved that they had borne the higher duty paid in error, leading to the setting aside of the impugned order and allowing the appeal with consequential relief, if any.

This comprehensive analysis of the judgment showcases the application of legal principles, interpretation of precedents, and the final outcome in favor of the appellants seeking a refund of excess duty paid by mistake.