2009 (4) TMI 709 - AT - Central Excise

Summary

Issues:
1. Refund claim based on excess duty paid under compounded levy scheme.
2. Burden of proof on passing on excess duty to customers for refund eligibility.

Issue 1: Refund claim based on excess duty paid under compounded levy scheme

The appellants, job workers in textile processing, challenged the Annual Capacity of Production (ACP) fixed by the Commissioner under the compounded levy scheme. They succeeded in reducing their monthly liability and sought a refund of the excess duty paid initially. The refund amounts for different appellants ranged from Rs. 1,77,339 to Rs. 3,24,630 for specific periods. The orders granted the refund but credited it to the Consumer Welfare Fund. The lower authorities found that the appellants failed to prove that the excess duty was not passed on to their customers. The appellants argued that uniformity in prices before and after duty changes did not necessarily mean the duty was passed on, citing legal precedents.

Issue 2: Burden of proof on passing on excess duty to customers for refund eligibility

Section 12B of the Central Excise Act establishes a presumption that duty incidence has been passed on to the buyer unless proven otherwise. The appellants contended that as job workers without direct sales, they did not vary job charges, implying the excess duty was not passed on. The appellants relied on Tribunal decisions where constant job charges indicated non-passing of excess duty. However, as the duty-paying documents did not specify the duty element due to the compounded levy scheme, the burden of proof fell on the appellants to show non-passing through their accounts and pricing structure. The failure to provide such evidence led to the rejection of the refund claims to prevent unjust enrichment, following the legal principle that constancy in final goods' prices does not automatically imply non-passing of increased duty.

In conclusion, the judgment upheld the lower authorities' decision to reject the refund claims due to the appellants' failure to demonstrate that the excess duty paid had not been passed on to their customers. The burden of proof under Section 12B required the appellants to establish non-passing through their accounts and pricing structures, which they failed to do. The legal precedents cited highlighted the importance of providing concrete evidence to support refund claims and avoid unjust enrichment.