2007 (4) TMI 692 - AT - Central Excise

Summary

Issues involved: Refund claimed by the appellant, unjust enrichment.

Refund Claimed by the Appellant: The appellant claimed a refund related to the demand of duty on dies and moulds manufactured for M/s Ashok Leyland Ltd. The dies and moulds were not physically cleared but retained in the appellant's factory for further use. The assessable value of the motor vehicle parts manufactured included the amortized cost of the dies and moulds. The invoices showed that the amount charged from M/s Ashok Leyland did not include the cost of the dies and moulds separately, which were added to the assessable value for duty payment. The appellant argued that since the dies and moulds were never cleared or sold to M/s Ashok Leyland, the duty payment refund should not be considered unjust enrichment.

Decision: The Tribunal found the appellant's submissions convincing but required verification by the original adjudicating authority. The impugned order was set aside, and the matter was remanded for fresh adjudication based on the appellant's submissions.

Conclusion: The appeal was allowed by way of remand for further review and clarification by the Assistant Commissioner.