2000 (7) TMI 160 - AT - Central Excise

Summary

Issues Involved: Determination of refund eligibility for excess-paid Special Excise Duty and short payment of Basic Excise Duty due to changes in duty rates.

Summary:
The appellants, engaged in cement manufacturing, continued to pay the old Basic Excise Duty and Special Excise Duty rates post a budget change on 28-2-1993. This led to excess payment of Special Excise Duty and short payment of Basic Excise Duty. The refund claim for the excess-paid duty was initially rejected by the Assistant Commissioner and upheld by the Commissioner (Appeals) citing lack of evidence that the burden was not passed on to buyers.

Argument by Appellants:
The appellants contended that despite no change in selling price post the duty rate change, the burden of Special Excise Duty was not passed on to customers. They cited precedents where unchanged sale prices indicated non-passing of duty burden to customers, thus discharging them from the unjust enrichment bar.

Decision:
The appellants demonstrated through invoices that the selling price remained constant, indicating non-passing of the increased duty burden to customers. The Tribunal found the appellants' explanation credible, noting the equal extent of short payment and excess payment of duties. Consequently, the Tribunal allowed the appeal, granting the refund of excess-paid Special Excise Duty as the bar of unjust enrichment did not apply.

This judgment emphasizes the importance of concrete evidence in establishing the non-passing of duty burden to customers, especially when there is no change in the sale price post a duty rate alteration.