2000 (5) TMI 88 - AT - Central Excise

Summary

Issues involved: Whether the bar of unjust enrichment applies when the price remains the same despite an increase in the rate of duty.

Summary:
The appeal was filed by M/s Swarup Fibres Industries Ltd. regarding the classification of their product under the Central Excise Tariff and the rejection of their refund claim based on the passing of duty incidence to customers. The appellant argued that despite the increase in duty rate, the price structure remained unchanged, indicating that the excess duty was absorbed by them and not passed on. The Department contended that the duty incidence had been passed on to customers, justifying the denial of the refund. After considering both arguments, the Tribunal agreed with the appellant that since there was no change in the price structure post-duty increase, the duty incidence was not passed on to customers. Citing previous decisions, the Tribunal allowed the appeal, stating that the refund of excess duty is admissible to the appellants.