2008 (4) TMI 171 - AT - Central Excise

Compounded levy scheme Assessee paid duty on 5 chambers instead of 4 chambers during pendency of their appeal before commissioner (A) regarding quantum of duty assessee claim refund on getting favorable decision from Comm. (A) that duty was required to be paid only on 4 chambers hence revenue plea that amount deposited was not duty , is not acceptable since assessee has not realized the amount deposited from customers, refund not hit by unjust enrichment

Summary

Issues:
Refund of duty paid under compounded levy scheme; Rejection of refund claim; Unjust enrichment; Payment of duty for non-existent chamber; Interference with Commissioner (Appeals) order.

Analysis:
The case involves a dispute over the refund of duty paid under the compounded levy scheme by a fabric processing entity. The Revenue challenged the order of the Commissioner (Appeals) which allowed the refund claim. The respondent had declared 4 chambers for their stenter machine under the scheme but were asked to pay duty for a 5th chamber that was dismantled and not in operation. The Revenue contended that duty for 5 chambers should be paid, but the Commissioner (Appeals) ruled in favor of the assessee, leading to the refund claim.

The Tribunal noted that the duty was paid for a chamber that did not exist, and the payment was not based on any official communication but allegedly on verbal advice from a Revenue official to avoid future interest and penalty. The Tribunal emphasized that the duty was paid for a non-working chamber, where no processing or realization of goods occurred, making it irrelevant whether the payment was voluntary or advised by the Revenue. The show cause notice itself acknowledged that the payment did not constitute duty payment, undermining the argument of unjust enrichment.

The Tribunal concluded that since no excisable goods were processed in the non-existent chamber and no duty was recoverable from customers, the refund claim was not subject to unjust enrichment. Moreover, the refund arose due to the setting aside of the original order by the Commissioner (Appeals), further supporting the decision that the refund was legitimate. Consequently, the Tribunal rejected the Revenue's appeal and upheld the order of the Commissioner (Appeals) without interference, settling the dispute in favor of the assessee.