2012 (11) TMI 69 - AT - Central Excise

Refund of duty paid under protest unjust enrichment - respondent deposited the amount at the investigation stage and the proceeding initiated against them were dropped by ld. Commissioner (Appeals) order Held that - It is a case of refund of deposit of duty and not a refund of duty therefore the principle of unjust enrichment which is applicable to refund of duty is not applicable in this case - unjust enrichment is not applicable where amount deposited under protest In favor of assessee

Summary

Issues:
1. Appeal against order granting refund of deposit for exempted goods.
2. Burden of proof regarding passing on the duty incidence to customers.
3. Application of principle of unjust enrichment in refund cases.

Analysis:
1. The case involved an appeal by the Revenue against an order granting a refund of Rs. 2,27,963/- for a deposit towards exempted goods. The lower adjudicating authority had initially confirmed a demand, which was later set aside, leading to the refund claim. The Commissioner (Appeal) upheld the lower authority's decision, prompting the Revenue's appeal.

2. The Revenue contended that the respondent failed to prove that the duty incidence had been passed on to customers, challenging the refund. They cited precedents to support their argument. In response, the respondent argued that it was a refund of a deposit, not duty, hence unjust enrichment did not apply. They referred to the Tribunal's decision in a relevant case to support their stance.

3. The judge considered the submissions and records, noting that the respondent had deposited the amount during the investigation stage, and the proceedings against them were dropped. Emphasizing that it was a refund of a deposit, not duty, the judge ruled out the application of unjust enrichment. Referring to previous cases, the judge highlighted the necessity to prove passing on the duty burden to customers. Since the Revenue failed to establish this, and the deposit was made under protest, the judge upheld the lower authorities' findings, dismissing the Revenue's appeal and disposing of the respondent's cross objection accordingly.