2012 (12) TMI 429 - AT - Central Excise

Refund unjust enrichment Held that - Appellant have produced evidence in form of letters from M/s. BSL refusing to pay the 15% excess duty, accompanied by Chartered Accountant s certificate in support of their claim that the incidence of duty whose refund is claimed has been borne by them and that duty has not been recovered from their customer - department s plea is that the appellant have not produced any documents in support of their claim that the incidence of the excess duty paid, whose refund is claimed, had been borne by them - matter is remanded to the original adjudicating authority for de novo adjudication

Summary

Issues:
1. Refund of excess excise duty paid by the appellant.
2. Application of unjust enrichment clause.
3. Interpretation of Section 11B and Section 12B in relation to passing on the duty incidence.
4. Burden of proof on the appellant to show the duty incidence was not passed on.
5. Examination of the relationship between the appellant and M/s. BSL Limited.

Issue 1: Refund of Excess Excise Duty:
The appeal was against the Commissioner (Appeals) dismissing the claim for refund of Rs. 62,20,506 on the grounds of unjust enrichment. The appellant, a job worker, paid excise duty under Rule 8 of Central Excise Valuation Rules, 2000, but M/s. BSL Limited, the principal, refused to pay the excess duty based on a different valuation method. The Adjudicating Authority initially sanctioned the refund but later held it would lead to unjust enrichment.

Issue 2: Unjust Enrichment Clause:
The dispute centered around whether the appellant had passed on the duty incidence to M/s. BSL Limited, thereby invoking the unjust enrichment clause. The appellant argued that since M/s. BSL Limited did not pay the excess duty claimed, unjust enrichment did not apply. The Department contended that without evidence of the duty incidence not being passed on, the claim was subject to unjust enrichment.

Issue 3: Interpretation of Section 11B and Section 12B:
The judgment discussed the provisions of Section 11B and Section 12B related to the passing on of duty incidence. Section 12B creates a rebuttable presumption that the duty has been passed on to the buyer. The burden of proof shifts to the Department once the appellant demonstrates that the duty was borne by them.

Issue 4: Burden of Proof on the Appellant:
The appellant provided evidence in the form of letters from M/s. BSL Limited refusing to pay the excess duty, supported by a Chartered Accountant's certificate. The Department argued that the appellant failed to produce sufficient evidence to show that the duty incidence was not passed on. The judgment highlighted the need for the appellant to demonstrate that they bore the duty incidence.

Issue 5: Relationship with M/s. BSL Limited:
The relationship between the appellant and M/s. BSL Limited was scrutinized, with the Department claiming they were sister concerns. However, the appellant contested this assertion, emphasizing that M/s. BSL Limited did not pay the excess duty claimed, indicating the duty incidence was not passed on.

In conclusion, the judgment set aside the impugned order and remanded the matter for further examination by the original adjudicating authority. The decision emphasized the need for a thorough review to determine whether the appellant had indeed borne the duty incidence, irrespective of M/s. BSL Limited's actions. The legal principles of unjust enrichment, burden of proof, and the interpretation of relevant sections were pivotal in the analysis of the refund claim.