2017 (2) TMI 1137 - AT - Central Excise

Refund claim - unjust enrichment - Held that - as appellant has been able to prove that buyer of the goods has issued certificate they have not availed excess duty on the appellant. In that circumstances on the strength of credit notes the appellant is entitled for refund claim - appeal allowed - decided in favor of appellant.

Summary

Issues:
Refund claim rejection on grounds of unjust enrichment.

Analysis:
The appellant filed a refund claim for excess duty due to a change in the value of goods supplied to buyers who issued credit notes for adjustments. The claim was rejected based on precedents citing unjust enrichment. The appellant argued citing the Apex Court's decision in Addison & Co. Ltd. that if buyers did not avail cenvat credit and issued credit notes, a refund claim is valid. The Tribunal found in favor of the appellant, stating that if buyers issued credit notes certifying no cenvat credit availed, the appellant is entitled to a refund claim. The Tribunal referenced the Apex Court's detailed decision in the Addison & Co. Ltd. case, where a similar refund claim was allowed after buyers issued credit notes and a certificate from a Chartered Accountant confirming the refund. The Tribunal dismissed the appeal against the refund, emphasizing that as the duty burden was borne by the appellant and buyers did not pass it on, the refund was justified. The Tribunal concluded that the appellant proved the buyers did not avail excess duty, thus allowing the refund claim and setting aside the impugned order. The appeal was allowed with consequential relief, if any, in favor of the appellant.