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Applicability of unjust enrichment clause in refund of customs duty on capital goods. Analysis: The issue raised in the appeal pertains to the applicability of the unjust enrichment clause concerning the refund of customs duty paid on specific capital goods. The dispute does not concern the eligibility of the refund on substantive grounds. The Deputy Commissioner of Customs approved the refund amount, but instead of disbursing it to the appellants, the sum was transferred to the Consumer Welfare Fund. This decision was based on the belief that the appellants had not proven that the duty incidence under refund was not transferred to another party. The Commissioner (Appeals) upheld this decision, stating that the appellants had not met the unjust enrichment test, which is also relevant for capital goods, as per the Supreme Court's ruling in the case of Solar Pesticide Pvt. Ltd. v. UOI. Upon hearing both parties, the appellants argued that the unjust enrichment test does not apply to capital goods, citing the Supreme Court's observations in the Solar Pesticide Pvt. Ltd. case. The Court's remarks in Para 17 of the order emphasized the significance of the phrase "incidence of such duty," indicating that it refers to the duty burden. The section in question discusses the passing on of duty incidence, not the duty itself, to another party. This includes scenarios where the duty is indirectly transferred, such as when duty paid on raw material is included in the price of finished goods sold, thereby passing on the burden to the purchaser. The absence of any sale of capital goods in this case, as they were utilized as fitment for existing capital goods, resulted in a mere increase in the capital goods' cost without any evidence of value enhancement in the finished goods manufactured by the appellants. In light of these circumstances, the appeal was successful, and the decision was in favor of the appellants, allowing the appeal.
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