2004 (11) TMI 266 - AT - Central Excise

Summary

Issues:
1. Entitlement to refund claim of Rs. 12,584
2. Whether duty incidence passed on to the buyer

Analysis:
Issue 1: The controversy in this appeal revolves around the appellants' entitlement to a refund claim of Rs. 12,584, which was rejected by lower authorities citing that duty incidence had already been passed on to the buyer. The appellants had accepted an order from M/s. E.T.A. Engg. Pvt. Ltd. for the purchase of Heat recovery units at a total price of Rs. 13,20,000, inclusive of all taxes and duties. However, the appellants mistakenly charged additional duty and taxes, leading to a protest from the buyer. Upon realizing the error, the appellants issued a credit note to rectify the excess amount charged.

Issue 2: The Tribunal found it challenging to accept the Revenue's argument that the duty incidence had been passed on to the buyer. The Tribunal noted that the agreed price between the parties already included all taxes and duties, and the excess amount charged was a mistake on the part of the appellants. By issuing a credit note to correct this error, the appellants demonstrated that they bore the duty element and not the buyer. The Tribunal relied on the legal precedent set in a similar case of Alstom Ltd. v CCE., Allahabad [2004 (168) E.L.T. 511] to support their decision.

Additionally, the Tribunal distinguished the case from the Larger Bench decision in Grasim Industries (Chemical Division) v. CCE, Bhopal [2003 (153) E.L.T. 694], where it was held that issuing credit notes to the buyer does not necessarily mean the non-passing of duty incidence. However, in the present case, the circumstances were different, and the Tribunal concluded that the appellants were entitled to the refund claim of Rs. 12,584. As a result, the impugned order of the Commissioner (Appeals) was set aside, and the appeal of the appellants was accepted with consequential relief as permissible under the law.