2004 (8) TMI 192 - AT - Central Excise

Summary

Issues:
- Appeal against rejection of refund claim on the principles of unjust enrichment.

Analysis:
The appellant filed an appeal against the rejection of their refund claim by the Commissioner (Appeals) based on the principles of unjust enrichment. The appellant claimed the refund following orders from the Hon'ble Supreme Court but was denied on the grounds of failing to prove that the burden of duty had not been passed on to their customers. The appellant argued that the sale price of the goods remained the same during the period when no duty was paid. However, the Tribunal referred to a Supreme Court case where it was held that uniformity in price before and after assessment does not conclusively prove that the duty burden was not transferred to the buyer, as there could be various reasons for price consistency.

The appellant also presented a certificate from a Chartered Accountant stating that the duty burden had not been passed on to customers. However, upon examination, the certificate was found to be based on inference drawn from the records provided by the appellant, indicating that the duty amount was not separately shown in the bills or invoices. The Tribunal emphasized that the onus is on the assessee to prove that the duty burden was not shifted to customers. In this case, the Tribunal concluded that the appellant failed to demonstrate that the duty burden was not passed on to customers, and the Chartered Accountant's certificate was deemed insufficient to support the appellant's claim. Consequently, the appeal was dismissed by the Tribunal.