2009 (11) TMI 780 - AT - Central Excise

Summary

Issues involved: Appeal against denial of refund claim for excess Central Excise duty paid due to non-claiming of deduction for luxury tax.

Summary:
The case involved the respondents, manufacturers of "Snuff," contesting the levy of luxury tax imposed by the Maharashtra Government and subsequently paying the tax. They filed a refund claim for the excess Central Excise duty paid due to not claiming abatement for the luxury tax. The Asstt. Commissioner sanctioned the claims, but the department filed an appeal which was rejected. The matter was remanded multiple times, with the Commissioner (Appeals) eventually allowing the refund claim. The Revenue appealed this decision.

The Revenue argued that once the assessment became final, the question of claiming a refund does not arise. They contended that the bar of unjust enrichment applied to the respondents' claim for refund of excess duty paid. On the other hand, the respondents argued that the assessable value should be reworked as per the relevant legal provisions, and they had not passed on the duty incidence to customers.

The Tribunal upheld the Commissioner (Appeals) decision, stating that the respondents had paid duty on the assessable value without taking abatement for the luxury tax, resulting in them paying more duty than required by law. The Tribunal found no infirmity in the decision and rejected the Revenue's appeal.

In conclusion, the Tribunal upheld the decision in favor of the respondents, emphasizing that they had not charged extra amounts from customers and had paid the duty on the assessable value without abatement for the luxury tax, leading to the excess duty payment. The appeal filed by the Revenue was rejected.