2004 (10) TMI 138 - AT - Central Excise

Summary

Issues:
Refund claim rejection based on unjust enrichment.

Analysis:
The appellants filed refund claims of Rs. 14,924 and Rs. 6,705, which were rejected due to unjust enrichment. The Commissioner found that the appellants had passed on the higher duty to buyers and later returned the excess amount through credit notes. The Tribunal held that unjust enrichment applies when the full duty amount is first passed on to the buyer and then returned through credit notes.

The appellant argued that the higher duty payment occurred due to incorrect pricing on sale bills, but buyers only made payments after debiting the excess amount. The credit notes issued were for account adjustment purposes, not to return amounts already received. The appellant's refund claim was based on wrongly excess rates charged, and it was clarified that they had not paid the billed amount either as the price of goods or duty.

Regarding the refund claim of Rs. 6,705, it was due to a billing mistake at an incorrect rate. However, the buyer made payment after debiting the excess amount and duties from the bill. The appellant's counsel contended that in such cases, unjust enrichment does not apply as the excess duty amount was never passed on, and the buyer identified the pricing mistake.

The Debit Note issued by the buyer confirmed the correction of the pricing error and the deduction of the excess amount, including excise duty. This note indicated that the higher duty amount was not received by the appellant from the buyers, negating the application of unjust enrichment. Consequently, the appeals were allowed, providing relief to the appellants.