2018 (2) TMI 997 - AT - Central Excise

Refund claim - unjust enrichment - whether the refund arising to the appellant on finalization of provisional assessment for the period October, 2009, have been rightly rejected on the ground of unjust enrichment? - Held that - the appellant have collected lesser amount of duty and or/ nothing more than what is stated in their invoices or the excise duty indicated on the invoices - there is no case made out by the Revenue of unjust enrichment. Matter remanded with the direction to the Assistant Commissioner/Deputy Commissioner to allow the refund subject to verification - appeal allowed by way of remand.

Summary

Issues:
1. Whether the refund arising from the finalization of provisional assessment for a specific period has been rightly rejected on the grounds of unjust enrichment.

Analysis:
The appellant, engaged in manufacturing Asbestos Cement Corrugated Sheets, applied for provisional assessment for a further period after receiving permission from the Assistant Commissioner. Subsequently, upon finalization of assessment for the period in question, the appellant applied for a refund of the excess amount paid. The Deputy Commissioner, in the Order-in-Original, noted that the appellant had paid an excess amount of duty for the period, leading to the refund claim. However, the refund claim was rejected on the basis of unjust enrichment, stating that the appellant had charged and collected the excess amount from their buyers.

The appeal against the rejection of the refund claim was also dismissed by the Learned Commissioner (Appeals) on the same grounds of unjust enrichment. The appellant then approached the Tribunal, arguing that they had not collected any excess amount from their buyers and had paid the excess duty out of their own pocket. The appellant presented evidence such as sample invoices and a chart of clearances to support their claim that they had collected less duty than indicated in the invoices.

After considering the arguments, the Tribunal found that the appellant had indeed collected a lesser amount of duty than what was stated in the invoices or indicated for excise duty. The Tribunal concluded that the findings of the lower courts were incorrect on facts and that there was no evidence of unjust enrichment by the appellant. Therefore, the appeal was allowed by way of remand, directing the Assistant Commissioner/Deputy Commissioner to verify if the appellant had collected any excess amount from their buyers. The refund was to be granted within two months if no excess amount was found to have been collected, with interest as per the law.

This judgment highlights the importance of verifying the facts and evidence presented in cases involving refund claims and unjust enrichment allegations, ensuring that the decision is based on accurate information and not assumptions.