9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (9) TMI 511 - AT - Central Excise
Issues involved: Appeal against rejection of refund claims on grounds of limitation and unjust enrichment.
The judgment addresses the issue of unjust enrichment in the context of refund claims rejected initially by the Asst. Commissioner but later considered within the time limit by the Commissioner (Appeals). The Appellants, engaged in manufacturing LPG cylinders, had their prices lowered by the Government, leading to refund of duty. The Tribunal considered the contention that duty paid in excess was subsequently adjusted by oil companies, thus negating the unjust enrichment argument. The Tribunal referred to previous decisions and remanded the matter for further examination by the original authority. The Appellate Tribunal CESTAT, Ahmedabad, in a common order, dealt with two appeals arising from the same impugned order-in-appeal. The issue revolved around the rejection of refund claims by the Asst. Commissioner initially on grounds of limitation and unjust enrichment. The Commissioner (Appeals) later allowed the claims within the time limit but rejected them based on unjust enrichment, prompting the need for the Tribunal to address this specific issue. The Appellants contended that the duty paid in excess was adjusted by oil companies in subsequent payments, thus eliminating the unjust enrichment aspect. Citing various decisions, the Tribunal noted that when excess payments are adjusted by buyers from subsequent dues, unjust enrichment does not apply. The matter was remanded for further examination by the original authority in light of the precedents cited. The Tribunal referred to previous decisions involving manufacturers of LPG cylinders and their contracts with oil companies containing price variation clauses. The judgments highlighted that when excess payments are adjusted by buyers from subsequent dues, the concept of unjust enrichment is not applicable. The Tribunal distinguished a Larger Bench decision and remanded the matter for reevaluation based on the cited precedents.
|
