1990 (8) TMI 146 - HC - Central Excise

Summary

Issues:
Challenge to legality of refund claim denial based on unjust enrichment doctrine.

Analysis:
The petitioners challenged the legality of the order denying their refund claim of Rs. 3,19,985.39 by the Assistant Collector, Central Excise, Thane III Division, based on the doctrine of unjust enrichment. The petitioners, engaged in manufacturing PVC films and decorative laminates, had erroneously classified industrial laminates under the wrong tariff item, resulting in the overpayment of excise duty. Despite previous favorable decisions in their appeal process, the Assistant Collector rejected their claim citing the decision in the Roplas case. The petitioners argued that the Assistant Collector had no authority to deny relief based on unjust enrichment under the Central Excise law.

The High Court acknowledged that the Central Excise law does not authorize the denial of relief on the grounds of unjust enrichment and does not make refund conditional on passing the relief to the ultimate consumer. Referring to a decision by the Customs, Excise and Gold (Control) Appellate Tribunal, the Court emphasized that authorities under the Central Excise Act are obligated to grant refunds without considering the doctrine of unjust enrichment. The Tribunal's decision was deemed binding on all officers under the Act, including the Assistant Collector in this case.

Furthermore, the Court highlighted that the Assistant Collector erred in relying on the Roplas case judgment to deny the refund claim, as the doctrine of unjust enrichment was not applicable to the Assistant Collector. The Court also noted that the Roplas case judgment was no longer valid law due to a subsequent decision by the Full Bench of the Court. The Assistant Collector was directed to disregard the Roplas case judgment and adhere to the decision of the CEGAT when determining the eligibility for a refund.

Consequently, the Court allowed the petition, setting aside the Assistant Collector's order and remitting the matter back for fresh disposal in line with the CEGAT decision. The Assistant Collector was instructed to issue a final order on the refund application and disburse the refund amount by a specified date. No costs were awarded in the case.