2009 (10) TMI 696 - AT - Central Excise

Summary

Issues:
1. Appeal dismissed due to waste of Tribunal's time and lack of application of mind by the Commissioner.
2. Application for refund allowed but credited to Consumer Welfare Fund due to principle of unjust enrichment.
3. Commissioner filed appeal against the order of the Commissioner (Appeals) despite no grounds for grievance.

Analysis:
1. The judgment highlights the dismissal of an appeal by the Appellate Tribunal CESTAT NEW DELHI due to the Tribunal's time being wasted and the Commissioner's lack of application of mind. The Tribunal expressed dissatisfaction with the appeal, emphasizing it as a clear example of a waste of time and total non-application of mind by the Commissioner who filed the appeal.

2. The case involved an application for refund by the assessee, which was initially allowed by the original authority. However, as the duty-incidence had already been passed on to the consumers, the claim was considered to be hit by the principle of unjust enrichment. Consequently, the refundable amount was credited to the Consumer Welfare Fund. The appeal made by the assessee to the Commissioner (Appeals) was unsuccessful, leading to the Commissioner filing the present appeal, despite the absence of valid grounds for grievance.

3. The Tribunal questioned the basis for the Commissioner's appeal, as the duty element had been transferred to the consumers, leading to the application of the principle of unjust enrichment and the crediting of the refundable amount to the Consumer Welfare Fund. The Tribunal found it perplexing how the Commissioner could claim to be aggrieved by such an order when the authority below had correctly applied the relevant principles. The Tribunal viewed the appeal as an abuse of the Tribunal's process and dismissed it. Additionally, the Tribunal directed the Registrar to forward copies of the order to the Secretary (Revenue), Government of India, and the Chairman of the Board promptly.