2006 (9) TMI 70 - AT - Customs

Refund (Customs) Original authority allow the refund of excess AD duty paid by appellants but revenue not agree with the decision Authority after considering all the situations allow the appeal with consequential relief.

Summary

Issues:
1. Refund of excess anti-dumping duty paid by the assessee.
2. Application of the doctrine of unjust enrichment.
3. Provisional assessment under Section 18 of the Customs Act, 1962.
4. Challenge to the assessment order.
5. Applicability of the bar of unjust enrichment to refund consequent to finalization of provisional assessment.

Analysis:
1. The Assistant Commissioner sanctioned a refund of excess anti-dumping duty, stating no unjust enrichment as the imported goods were used in manufacturing the final product with unchanged prices. However, a Review Order directed an appeal, leading to the Commissioner of Customs setting aside the original order and allowing appeals by the Revenue. The appellants appealed, citing the doctrine of unjust enrichment from a Supreme Court case, arguing that they had not passed on the duty burden to customers, thus claiming the refund rightfully.

2. The Commissioner (Appeals) relied on the Supreme Court's decision on unjust enrichment, emphasizing that a person must show payment without passing on the burden to claim a refund. The appellants argued that the provisional assessment under Section 18 of the Customs Act covered their case, as the final assessment did not find excess duty liable. They also referenced a Tribunal decision and a Supreme Court decision to support their stance that unjust enrichment should not bar refunds from finalization of provisional assessments.

3. The Tribunal considered the facts, including the cited decisions, and distinguished a Supreme Court case on unjust enrichment, aligning with the Tribunal and Supreme Court decisions referenced by the appellants. It was held that the issue was covered in favor of the assessee, allowing the appeal and providing consequential relief as per the law. The judgment favored the appellants based on the application of relevant legal principles and precedents, leading to the allowance of the appeal and potential relief for the importers/appellants.