2011 (7) TMI 121 - AT - Customs

Refund - unjust enrichment - Non speaking order - Notification No.515/86-Cus. dated 30.12.1986 - it is clear that the present case is beyond the scope of presumption of unjust enrichment stipulated under Section 28 D of the Customs Act 1962 - It is his further submission that the first appellate authority has only held that the respondent being PSU had no control over pricing of his product is not borne out from evidence on record - Appeal is allowed by way of remand for want of any proper reasoning

Summary

Issues:
1. Refund claim based on exemption Notification No.515/86-Cus.
2. Doctrine of unjust enrichment in the context of duty on imported capital goods.
3. Interpretation of Government Gazette Notification on pricing mechanism.
4. Applicability of unjust enrichment to PSU involved in oil exploration.

Refund Claim based on Exemption Notification:
The appeal was filed by the Revenue against an order-in-appeal regarding a refund claim for duty paid on imported capital goods for Oil Exploration and Exploitation, seeking exemption under Notification No.515/86-Cus. The Tribunal directed a reconsideration, leading to the rejection of a part of the claim and crediting the rest to a Welfare Fund due to unjust enrichment concerns. The Commissioner (Appeals) set aside the order-in-original, stating that the case was beyond the scope of unjust enrichment presumption under the Customs Act, 1962.

Doctrine of Unjust Enrichment in Duty on Capital Goods:
The Revenue contended that the first appellate authority erred in sanctioning the refund without considering the doctrine of unjust enrichment applicable to capital goods. The onus to prove non-passing of duty burden to consumers lies with the importer. The Revenue cited various judgments supporting the strict verification of unjust enrichment in refund claims. It was argued that the issue involved the duty liability on crude oil explored by the respondent, not covered under an identical Administered Price Mechanism.

Interpretation of Government Gazette Notification on Pricing Mechanism:
The Consultant highlighted a Gazette Notification by the Ministry of Petroleum and Natural Gas, indicating that the pricing of indigenous crude oil was controlled by the petroleum pricing mechanism, making unjust enrichment inapplicable. The Consultant argued that as the respondent was not allowed to set prices independently, the question of unjust enrichment did not arise.

Applicability of Unjust Enrichment to PSU Involved in Oil Exploration:
After considering submissions, the Tribunal found the Commissioner (Appeals)'s order lacked proper reasoning and did not reference relevant Gazette Notifications or financial records. The Tribunal deemed the order non-speaking and remanded the matter for reconsideration, emphasizing adherence to principles of natural justice. The appeal was allowed by way of remand for further review.