2012 (5) TMI 524 - AT - Central Excise

Recovery u/s 11D of Central Excise Act, 1944 along with interest u/s 11DD - collection of 8% amount under Rule 6(3) from the customers towards reversal of credit - Held that - Admittedly, it is not the case of refund of duty paid inasmuch as no duty was ever paid by the appellants to the Revenue. As such the provisions of unjust enrichment will not apply, as rightly held by Commissioner (Appeals) - Considering the provisions of Section 11D, it is seen that the same are to the effect that every person who is liable to pay duty under this Act and the Rules made thereunder and has collected any amount in excess of the duty assessed or determined and paid on any excisable goods under this Act or the Rules made thereunder from the buyers of such goods in any manner as representing duty of excise shall forthwith pay the amount so collected to the credit of the Central Govt. In the present case, admittedly, the appellant was not liable to pay any duty of excise inasmuch as the goods were exempted. It is only that in the month of March, 2003, when their final product was brought under the duty, the respondents started collecting duty @ 8% from their customers. However, when they felt that such duty is not required to be paid to the Revenue, they returned the such collected duty to their customers by way of raising credit notes. In terms of the provisions of Section 11D, the respondents have collected any duty from their customers representing the same as excess duty. As such, demand in terms of Section 11D is not required to be confirmed against the respondents - Decided against Revenue.

Summary

Issues:
1. Recovery of excess Central Excise duty from customers.
2. Applicability of Section 11D of the Central Excise Act, 1944.
3. Interpretation of unjust enrichment in the context of duty collection and refund.

Analysis:
1. The appellant, engaged in the manufacture of various goods, cleared excisable goods under proper invoices showing duty payable @ 8% ad valorem but charged Central Excise duty from customers without debiting it in their ledger accounts, as they believed the clearances were exempted under Notification No. 8/2002-C.E. Proceedings were initiated for recovery of the duty amount along with interest and penalty.

2. The Commissioner (Appeals) allowed the appeal, noting that the appellant had initially charged duty but later returned it to customers through credit notes, as they were eligible for Small Scale Industry (SSI) exemption. The Commissioner held that the provisions of Section 11D did not apply as the appellant had not collected any excess duty and had returned the amount to buyers, thus rejecting the demand.

3. The Revenue appealed, arguing that the issuance of credit notes did not negate the duty collection from buyers, invoking the principle of unjust enrichment. However, the Tribunal held that the case did not involve a refund claim but a situation where no duty was ever paid to the Revenue, thus unjust enrichment principles did not apply. The Tribunal differentiated the present case from the precedent cited by the Revenue, emphasizing that Section 11D did not apply as the appellant was not liable to pay duty and had returned the collected duty to customers.

4. The Tribunal analyzed Section 11D, emphasizing that it applies to those liable to pay duty and who have collected excess amounts representing duty. In this case, since the appellant was exempted from duty payment and had refunded the collected amount, it was held that there was no collection of excess duty. The Tribunal upheld the Commissioner's decision, rejecting the Revenue's appeal and confirming that the demand under Section 11D was not applicable to the appellant.

This detailed analysis of the judgment highlights the issues of duty recovery, Section 11D applicability, and unjust enrichment, providing a comprehensive understanding of the legal reasoning and decision-making process involved in the case.