2009 (3) TMI 183 - AT - Central Excise

Unjust enrichment refund of higher duty paid held that - where the buyer has not paid the seller, the fact of issuance of debit notes, cannot be held against them or be relied upon for holding that there was unjust-enrichment. refund allowed

Summary

Issues:
Refund claim rejection on grounds of unjust enrichment.

Analysis:
The appellants, manufacturers of sugar-free granules, mistakenly paid duty on the higher side in a consignment to M/s. Cadila Healthcare Limited. The buyers refused to pay the excess amount, issuing debit notes instead. The refund claim was denied citing unjust enrichment. The advocate argued that since the amount on invoices was never received, debit notes were issued to adjust the billing. Citing a High Court case, it was noted that once goods are supplied, the property passes to the purchaser, and the price is reduced by debit and credit notes. Another decision emphasized that issuance of debit notes where the buyer has not paid does not indicate unjust enrichment. The tribunal, in line with established law, set aside the order and allowed the appeal, providing relief to the appellants.