2008 (9) TMI 843 - AT - Customs

Summary

Issues: Appeal against denial of refund based on unjust enrichment, interpretation of Section 28C of the Customs Act, 1962.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Mumbai revolves around the denial of a refund of Rs. 5,54,341 on the grounds of unjust enrichment by the Commissioner (Appeals). The Assistant Commissioner had initially sanctioned the refund after examining the audited balance-sheet of the appellants, where the disputed amount was shown as recoverable from Customs as advances. The Revenue challenged this decision before the Commissioner (Appeals) citing that the sales invoice did not mention the customs duty component, as required under Section 28C of the Customs Act, 1962. The Commissioner (Appeals) concurred, stating that without such information on the invoice, it cannot be conclusively proven that the duty incidence was not passed on.

The appellant's representative argued that the refund amount was reflected as recoverable in their balance-sheet and presented a Chartered Accountant's certificate asserting that the amount was not passed on to customers and did not impact the cost of production. However, the failure to produce this certificate before the lower authority weakened their case. Additionally, they contended that Section 28C of the Customs Act, 1962 pertains to manufacturers, not traders, thus claiming compliance.

Upon hearing both parties and evaluating the submissions, the Tribunal noted that the Revenue's sole contention was the absence of customs duty disclosure in the sales invoices, alleging a violation of Section 28C. However, the Tribunal held that this alone did not establish that the duty incidence was passed on. As the refund claim crediting to the Welfare Fund did not hinge on this aspect, the Tribunal concluded that the appeal could not be entertained on this ground. Consequently, the Tribunal set aside the Commissioner (Appeals)'s order and reinstated the original decision.

In conclusion, the judgment delves into the intricacies of unjust enrichment and the interpretation of statutory provisions under the Customs Act, emphasizing the necessity of complying with disclosure requirements while addressing refund claims.