2018 (3) TMI 120 - AT - Customs

Refund claim - unjust enrichment - bank guarantees have been encashed effecting recovery - Held that - in the judgment of the Hon ble Gujarat High Court order dt 28.4.2016, the appellants were allowed to furnish further documents to cross the hurdle of unjust enrichment before the Adjudicating Authority - the matter needs to be remanded to the Adjudicating Authority to decide the issue on the basis of the outcome of the pending SLP before Hon ble Supreme Court - appeal allowed by of remand.

Summary

Issues involved:
- Entitlement to refund of transferred amounts to Consumer Welfare Fund
- Applicability of principle of unjust enrichment
- Challenge before Hon'ble Supreme Court
- Remand to Adjudicating Authority

Entitlement to refund of transferred amounts to Consumer Welfare Fund:
The appeals were filed against the order passed by the Commissioner (Appeals) transferring the sanctioned refund amounts to the Consumer Welfare Fund. The appellants argued that the bank guarantees were encashed by the department without awaiting the outcome of their appeal before the Hon'ble Supreme Court. The Hon'ble Supreme Court later allowed their petition, setting aside the order of the Gujarat High Court. The appellants filed refund claims for the recovered amounts, which were sanctioned but transferred to the Consumer Welfare Fund by the Adjudicating Authority. The appellants contended that they were not required to prove unjust enrichment as the amount was paid through bank guarantees. The matter was remanded to the Adjudicating Authority to decide based on the outcome of the pending SLP before the Hon'ble Supreme Court.

Applicability of principle of unjust enrichment:
The applicability of the principle of unjust enrichment was challenged before the Hon'ble Supreme Court, as the bank guarantees were encashed for recovery. The Hon'ble Gujarat High Court allowed the appellants to furnish further documents to establish the absence of unjust enrichment before the Adjudicating Authority. The Tribunal decided to remand the matter to the Adjudicating Authority to consider the issue based on the pending SLP before the Hon'ble Supreme Court and the additional evidence that the appellants may submit.

Challenge before Hon'ble Supreme Court:
The appellants had approached the Hon'ble Supreme Court, challenging the order of the Gujarat High Court and seeking a refund of the recovered amounts. The Hon'ble Supreme Court admitted their SLP and was pending for final hearing. The Tribunal considered the pending SLP as a crucial factor and decided to remand the matter to the Adjudicating Authority for further consideration based on the outcome of the Supreme Court proceedings.

Remand to Adjudicating Authority:
In light of the pending SLP before the Hon'ble Supreme Court and the direction of the Hon'ble Gujarat High Court to submit additional documents regarding unjust enrichment, the Tribunal remanded the matter to the Adjudicating Authority. The Tribunal emphasized that all issues should be kept open, and the decision should be based on the evidence provided by the appellants to establish their case. The appeals were allowed by way of remand to the Adjudicating Authority for further proceedings.