2011 (5) TMI 792 - AT - Customs

Refund claim - refund amount sanctioned and credited the same to the Consumer Welfare Fund as the appellant failed to prove that the burden of duty has not been passed on - contention of the appellant is that the refund was credited to the Consumer Welfare Fund and the appellant having in possession of the documents to show that the burden of duty has not been passed on Held that - no merit in the oral submissions of the appellant, which are not based on any evidence on record, appeal is dismissed

Summary

Issues:
Refund claim rejection based on burden of duty passing on.

Analysis:
The appellant filed an appeal against the Commissioner (Appeals) order rejecting their refund claim of Rs.12,05,379.95, which was credited to the Consumer Welfare Fund as the burden of duty passing on was not proven. The appellant argued that they possessed documents to prove the burden of duty had not been passed on, making the impugned order unsustainable. However, the Revenue contended that in refund cases, the presumption is that the duty burden has been passed on, placing the onus on the assessee to prove otherwise. The Revenue argued that the appellant failed to discharge this onus, justifying the Commissioner's decision.

The Tribunal found no merit in the appellant's contention, noting that the appellant did not provide any evidence to support their claim that the burden of duty had not been passed on. The Tribunal highlighted that the appellant did not present any such documents during the adjudication or appeal process. Consequently, the Tribunal dismissed the appeal, emphasizing that the oral submissions of the appellant lacked evidentiary support and were not based on any record evidence. The Tribunal upheld the impugned order, stating that the appellant failed to meet the burden of proof required in refund cases.