2008 (4) TMI 112 - AT - Central Excise

Refund - appellants submission is that as the duty has been paid after clearance of the goods and the appellants have not raise any supplementary invoice to recover the amount, therefore, it cannot be said that burden of duty has been passed on to the customer - refund credited to the consumer welfare fund on the ground that refund is hit by bar of unjust enrichment is not justified assessee s appeal allowed

Summary

Issues:
Refund claim rejected on the ground of unjust enrichment. Whether the burden of duty has been passed on to the customer. Interpretation of balance sheet entries and their impact on unjust enrichment.

Analysis:
The appellants filed an appeal against the rejection of their refund claim due to unjust enrichment. They argued that the duty was paid after goods clearance, and no supplementary invoice was issued to recover the amount, indicating that the burden of duty was not passed on to the customer. They cited various Tribunal decisions supporting their claim. The Revenue contended that the amount should be treated as a pre-deposit and relied on a Supreme Court decision to emphasize the onus on the appellants to prove non-passing of duty burden.

The Tribunal noted that the duty was paid after goods clearance and confirmed for a specific period. The appellants' balance sheet entries showed the amount as recoverable from the revenue department, indicating they bore the duty burden themselves. Relying on previous decisions, the Tribunal held that such entries establish non-passing of duty burden. Consequently, the impugned order was set aside, and the appeal was allowed.

This judgment delves into the crucial issue of unjust enrichment concerning refund claims and the burden of proving non-passing of duty to customers. It emphasizes the significance of balance sheet entries in demonstrating the party bearing the duty burden and aligns with precedent to support the appellants' entitlement to a refund.