2004 (4) TMI 127 - AT - Central Excise

Summary

Issues involved: Applicability of the doctrine of unjust enrichment to the refund claim.

Summary:
In the appeal before the Appellate Tribunal CESTAT, NEW DELHI, the issue revolved around the applicability of the doctrine of unjust enrichment to the refund claim of the appellants. The adjudicating authority initially allowed the refund claim, stating that the duty incidence had not been passed on to the buyer, M/s. TISCO. However, the Commissioner (Appeals) reversed this decision, citing a precedent from Grasim Industries Ltd. (Chemical Division) v. CCE, Bhopal.

Upon review, it was found that the appellants had supplied transformers to M/s. TISCO under a purchase order with a price variation clause. Despite calculating the price with a price escalation clause and issuing invoices accordingly, the buyer only paid the original price as per the purchase order. Consequently, the appellants issued credit notes to correct their accounts, explicitly stating that these notes were for the withdrawal of their partial PVC claim against the invoices. This indicated that the duty had not been passed on to the buyer, as the buyer refused to pay the duty included in the invoices.

The Tribunal concluded that the situation in this case differed from the precedent cited, as the duty had not been paid by the buyer and the credit notes were issued for record correction and withdrawal of claims against the buyer. Therefore, the impugned order was set aside, and the appeal of the appellants was accepted with any consequential relief permissible under the law.