2005 (2) TMI 287 - AT - Central Excise

Summary

Issues: Denial of refund on the ground of unjust enrichment

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi revolves around the denial of a refund based on the principle of unjust enrichment. The appellant had rate contracts with D.E.S.U and Eastern Coalfields Limited for the supply of wires and cables, where the price included excise duty, sales tax, and freight. However, the appellant paid central excise duty at the time of goods clearance based on the rate contract price, which included elements not required for the assessable value. The appellant argued that unjust enrichment does not apply when selling at such prices, citing a previous Tribunal decision. The Revenue contended that the appellant's invoice showed duty payment on the entire price, assuming the buyer paid the full duty. The appellant referenced a previous Tribunal order in their favor, stating that the issue of price provision was settled there and could not be challenged again since no appeal was filed by the Revenue.

The Tribunal found merit in the appeal, noting that the rate contract and the appellant's statements indicated payments were made as per the rate contract terms, not based on gate passes. Therefore, the question of passing the entire duty to the buyer did not arise. The Tribunal relied on the decision in Indian Oil Corporation Ltd. to support the appellant's case. Additionally, the Tribunal held that the Revenue could not raise the issue of price approval since it was not challenged earlier, and that matter had attained finality. Consequently, the appeals were allowed, and the appellant was granted consequential relief. Due to the age of the matter, the Tribunal directed the refund claim to be sanctioned and paid within six weeks from the date of receipt of the order copy.