2008 (1) TMI 304 - AT - Central Excise

Refund claim rejected on the basis that the appellant earned higher profit margin - entire amount collected from the buyers over and above the purchase price (without tax) has been taken as gross profit for income tax purpose. So, the refund claim cannot be rejected simply on the ground that the appellant earned higher profit margin which has already been taken care by the Income Tax authorities refund admissible

Summary

Issues:
1. Refund claim based on unjust enrichment.
2. Consideration of profit margin in refund claim.
3. Interpretation of account books for determining unjust enrichment.

Issue 1 - Refund claim based on unjust enrichment:
The case involved the appellants procuring coal ash from a supplier who paid duty under protest. The appellants filed a refund claim citing a previous judgment and the settlement of unjust enrichment in a similar case. The adjudicating authority allowed the refund claim, but the Commissioner (Appeals) set it aside, stating the duty incidence had passed on to customers. The Tribunal reviewed the account books and found that the appellants had not passed on the duty element to buyers, making them eligible for the refund.

Issue 2 - Consideration of profit margin in refund claim:
The Commissioner (Appeals) rejected the refund claim based on the appellants' higher profit margin. However, the Tribunal noted that the profit margin had already been considered for income tax purposes. The Tribunal emphasized that rejecting the claim solely on profit margin grounds was not justified, as the income tax authorities had already addressed this aspect.

Issue 3 - Interpretation of account books for determining unjust enrichment:
The Tribunal analyzed the account books to determine unjust enrichment. It highlighted that the appellants had maintained records showing the excise duty paid to the supplier as "amount receivable" for refund purposes. The Tribunal concluded that the appellants had not passed on the duty element to buyers based on the account entries, making them eligible for the refund.

In conclusion, the Tribunal set aside the Commissioner (Appeals) order and restored the adjudication order, allowing the appeals with consequential relief. The judgment emphasized the importance of analyzing account books to establish unjust enrichment and clarified that profit margin considerations should not be the sole basis for rejecting refund claims.