2014 (10) TMI 678 - AT - Central Excise

Denial of refund claim - Unjust enrichment - Held that - Commissioner (Appeals) has recorded in favour of the respondent assessee, that it has collected the duty of excise as per the commercial invoice and have not collected the higher duty as indicated in the excise invoice. Further, the appellate authority has considered the C.A. certificate which also categorically indicated that the assessee has not passed on the burden of duty/differential duty to its customers and had also relied on ruling of the Tribunal in the case of Commissioner of Central Excise Vs. Shethia Audio Pvt. Ltd. - 2003 (2) TMI 133 - CEGAT, MUMBAI . Further, I hold that ruling relied upon by the Revenue are not applicable in the facts and circumstances of the case. The main ground of the Revenue is that the learned Commissioner (Appeals) has allowed the appeal of the respondent assessee taking notice that the prices have remained the same before and during the period in dispute. It is not the case as evident on perusal of the impugned appellate order. Thus, I uphold the appellate order and dismiss the appeal of the Revenue. The respondent assessee will be entitled to refund with interest, if any - Decided against Revenue.

Issues Involved:

1. Assessable value determination and payment of excise duty.
2. Refund claim of excess excise duty paid.
3. Doctrine of unjust enrichment.
4. Applicability of Section 12B and Section 11B of the Central Excise Act.
5. Rejection of refund claim based on unjust enrichment.
6. Relevance of previous case laws and rulings.

Detailed Analysis:

1. Assessable Value Determination and Payment of Excise Duty:

The respondent, M/s S.G. Phyto Pharma Pvt. Ltd. (SGPP), manufactured Ayurvedic medicaments and sold them to M/s Phyto Marketing Pvt. Ltd. The respondent paid excise duty based on the sale price of Phyto Marketing Pvt. Ltd., considering it as the assessable value. Despite the Directors of both companies being related, the respondent discharged excise duty on the higher sale price listed in their commercial invoices.

2. Refund Claim of Excess Excise Duty Paid:

The respondent later realized that they had overpaid excise duty and filed a refund claim. The initial refund claim was rejected by the Dy. Commissioner of Central Excise. However, the Commissioner (Appeals) allowed the appeal and deemed the refund of Rs. 16,49,694.84 admissible. The respondent filed a revised refund claim, which was again rejected on the grounds of unjust enrichment.

3. Doctrine of Unjust Enrichment:

The respondent argued that they had not passed on the differential duty to their buyers, supported by a C.A. certificate and sample invoices. The Commissioner (Appeals) found sufficient evidence that the differential duty was not passed on, thus the doctrine of unjust enrichment was not applicable.

4. Applicability of Section 12B and Section 11B of the Central Excise Act:

The Revenue contended that under Section 12B of the Central Excise Act, the duty paid is presumed to be passed on to the buyer unless proven otherwise. They also cited Section 11B, which requires evidence that the duty incidence was not passed on. The Revenue relied on previous rulings, such as CEAT Ltd. and Allied Photographics India Ltd., to argue that uniform pricing does not necessarily mean the duty incidence was not passed on.

5. Rejection of Refund Claim Based on Unjust Enrichment:

The Commissioner (Appeals) found that the respondent had not passed on the differential duty to their buyers, supported by the C.A. certificate and sample invoices. The appellate authority concluded that the bar of unjust enrichment was not applicable, allowing the refund claim.

6. Relevance of Previous Case Laws and Rulings:

The Revenue cited several rulings, including CEAT Ltd. and Allied Photographics India Ltd., to support their argument. However, the respondent countered with rulings such as Panihati Rubber Ltd. and Uniproducts (India) Ltd., where it was held that if the duty incidence was not passed on, the doctrine of unjust enrichment would not apply. The Tribunal found that the cases cited by the Revenue were not applicable to the present facts.

Conclusion:

The Tribunal upheld the Commissioner (Appeals)'s order, dismissing the Revenue's appeal. It was concluded that the respondent had not passed on the differential duty to their buyers, and thus, the doctrine of unjust enrichment did not apply. The respondent was entitled to the refund with interest, in accordance with the law.

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