2007 (4) TMI 500 - AT - Customs

Summary

Issues involved:
The issue involves the unjust enrichment aspect in a refund claim u/s Section 27(2)(b) of the Customs Act, 1962, related to the import of a car for personal use.

Summary:

Unjust Enrichment Aspect:
The appellant imported a car for personal use and declared its FOB value as Japanese Yen 18,00,000/-, which was later revised by the Department to a higher value. After appealing, the Appellate Tribunal set aside the Department's valuation and allowed the appeal. Subsequently, the appellant filed a refund claim, but the original authority credited the refund amount to the Consumer Welfare Fund, citing the appellant's failure to prove non-passing of duty burden to the buyer. The Commissioner (Appeals) upheld this decision. However, the Tribunal noted that u/s Section 27(2)(b) of the Customs Act, when an import is for personal use, the refund should not go to the Consumer Welfare Fund but to the applicant. Despite the appellant's ability to sell the car post-import, the refund should still be granted to the appellant as per statutory provisions. Therefore, the lower authorities' decision was deemed incorrect, and the impugned order was set aside, allowing the appeal with consequential relief.

Conclusion:
The Tribunal ruled in favor of the appellant, emphasizing the statutory provision that refund amounts for imports made for personal use should not be credited to the Consumer Welfare Fund but paid to the applicant.