2007 (7) TMI 486 - AT - Central Excise

Summary

Issues:
Refund claim on excise duty paid for spent catalyst recovery, unjust enrichment, appeal against refund grant.

Analysis:
The case involves M/s. Nirma Ltd. sending spent catalyst to recover platinum from M/s. Hindustan Platinum on a job work basis, paying excise duty under protest. The appellant filed a refund claim which was rejected by the original authority due to pending excisability issue. The Commissioner (Appeals) upheld the rejection, allowing refund post Tribunal's order. Subsequently, the Tribunal held spent catalyst as non-excisable, leading to the Commissioner (Appeals) granting the refund. The Department appealed against this refund grant, with both appeals being disposed of together.

The Original Authority cited unjust enrichment as duty was recovered from M/s. Hindustan Platinum. The appellant argued against unjust enrichment, stating most platinum was exported or sold based on London Metal Exchange prices. They referenced legal precedents to support their stance. The Tribunal found the duty was solely paid by M/s. Nirma Ltd., not recovered from M/s. Hindustan Platinum, as evidenced by certificates and accounting records, with no Cenvat credit taken by the latter.

Based on the facts, the Tribunal upheld the Commissioner (Appeals)'s decision that the refund was not subject to unjust enrichment. Consequently, the Department's appeal was rejected, and M/s. Nirma Ltd.'s appeal became infructuous and was dismissed. The judgment highlights the importance of proper documentation and financial records in determining the liability of duty payment and unjust enrichment in excise matters.