2008 (1) TMI 669 - AT - Customs

Refund - Unjust enrichment - Held that - In view of the fact that the appellants have produced the Chartered Accountant s Certificate and their balance sheet, which clearly states that the amount is receivable from the Department, these are ample proof that these amounts have not been passed on to their customers - refund allowed - decided in favor of appellant.

Summary

Issues: Refund claim rejection based on unjust enrichment.

The judgment deals with a case where the refund claim of the appellant was rejected by the authorities on the grounds of unjust enrichment. The appellant, represented by Shri S. Ignatius, Advocate, argued that the balance sheet of the company clearly indicated the amount receivable from the Department. Additionally, a Chartered Accountant's Certificate was presented, confirming that the disputed amounts had not been passed on to customers. It was further highlighted that the imported goods were used in the production of tires, and the tire prices remained unchanged during the relevant period. Relying on the Tribunal's earlier decision in the case of M/s. J.K. Industries Ltd. v. Commr. of Customs, Kolkata, the Tribunal set aside the impugned order and directed the original authority to allow the refund, as there was sufficient evidence that the amounts had not been passed on to any party, thus not resulting in unjust enrichment. Both appeals were allowed, emphasizing the importance of evidence such as the Chartered Accountant's Certificate and the balance sheet to support refund claims and disprove unjust enrichment allegations.

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