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2007 (7) TMI 518 - AT - Central Excise
Issues involved: Modvat credit disallowance, requirement for filing refund claim, principle of unjust enrichment.
Modvat credit disallowance: The appellant contested the demand of duty and debited the same amount through PLA during the proceedings. The Tribunal allowed the appeal of the appellant, and the appellant re-credited the same amount in their PLA after the final order. The impugned adjudication order contended that the appellant should have filed a refund application. The appellant argued that debiting and re-crediting the amount through PLA made the refund claim unnecessary. The Tribunal found that the appellant was entitled to credit the amount in their account after the final order, and the principle of unjust enrichment did not apply as there was no allegation of the appellant recovering the amount from any person. The impugned order was set aside, and the appeal was allowed with consequential relief. Requirement for filing refund claim: The appellant's representative argued that debiting and re-crediting the amount through PLA during the proceedings made filing a refund claim unnecessary. The Tribunal agreed that the appellant was entitled to credit the amount in their account after the final order, and the principle of unjust enrichment did not apply in this case as there was no evidence of the appellant recovering the amount from any person. The impugned order was set aside, and the appeal was allowed with consequential relief. Principle of unjust enrichment: The Tribunal found that the appellant's re-crediting of the duty debited during the proceedings was permissible after the final order. The principle of unjust enrichment was deemed inapplicable as there was no indication that the appellant had recovered the same amount from any person. The Tribunal held that the appellant was entitled to credit the amount in their account, making the filing of a refund claim unnecessary. The impugned order was overturned, and the appeal was granted with consequential relief.
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