1990 (11) TMI 150 - HC - Central Excise

Summary

Issues:
1. Refund application for excess duty recovered by the Department.
2. Applicability of the doctrine of unjust enrichment in refund cases.
3. Delay in payment of refund by the Department.
4. Department's intention to appeal to the Supreme Court affecting refund obligation.

Analysis:
Issue 1: The petitioners submitted refund applications for excess duty recovered by the Department for specific periods. The Collector of Central Excise (Appeals) allowed the refund claims, but the Assistant Collector initially rejected them based on the doctrine of unjust enrichment. However, the Customs, Excise & Gold (Control) Appellate Tribunal held that the doctrine of unjust enrichment does not apply in such cases, directing the Excise authorities to process the refunds.

Issue 2: The Department resisted refund payment citing the doctrine of unjust enrichment and pending decision on appealing to the Supreme Court. The Court emphasized that the doctrine does not apply in this context, especially when duty was paid under protest and statutory provisions mandate refund in such cases. The Court held the Department accountable for refunding the amount as per the applications submitted by the petitioners.

Issue 3: Despite favorable decisions by appellate authorities and judicial precedents, the Department delayed refund payment. The Court reiterated that the Department is obligated to process and refund the amount promptly, within 8 weeks from the judgment date. Failure to comply would result in the Department being liable to pay interest at a rate of 15% per annum until the actual refund is made, in addition to bearing the costs of the petition.

Issue 4: The Department's intention to appeal to the Supreme Court was not accepted as a valid reason to postpone refund payments. The Court clarified that the petitioners are entitled to the relief granted by the appellate authorities and directed the Department to proceed with refund processing without delay. The judgment emphasized the Department's duty to adhere to the refund obligations outlined in the statutory provisions and judicial decisions.