2007 (12) TMI 78 - AT - Customs

Appellants have claimed depreciation on the imported goods, on the full cost including duty paid amount, Their plea that this doesn t have any effect on their final product, hence the duty burden wasn t passed on by them to their customers , can t be accepted. Since the appellants haven t clearly established that they have not passed on the incidence of duty on the imported goods to their customers, the bar of unjust enrichment operates against them refund claim rejected

Summary

The claim for refund of Rs.6,78,433/- has been sanctioned but directed to consumer welfare fund due to failure to prove non-passing of duty burden to buyers. Appeal rejected as unjust enrichment bar applies.