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1997 (12) TMI 334 - AT - Central Excise
Issues:
1. Whether the burden of Central Excise duty has been passed on to the buyers. Analysis: The judgment involves an appeal against a common order-in-appeal where the Assistant Collector of Central Excise held that the appellant had passed on the burden of Central Excise duty to the buyers, thus disallowing any refund under the unjust enrichment clause of the Central Excises and Salt Act, 1944. The appellant contended that they had not passed on the duty to the buyers, citing evidence from their balance sheet, sale invoices, and a certificate from a Chartered Accountant. The respondents argued that there is a presumption under Section 12B of the Act that duty is passed on to consumers unless proven otherwise, referring to a Supreme Court decision in Mafatlal Industries Ltd. v. Union of India. The adjudicating authority found that the gate passes indicated the duty paid, and the invoices showed the total price inclusive of all taxes, even though the duty element was not separately mentioned. The authority emphasized that the duty was charged from the buyers based on the gate passes and invoices collectively. The Chartered Accountant's certificate provided by the appellant lacked details of sales prices and other particulars, making it unreliable. The appellants failed to demonstrate that the duty mentioned in the gate pass was deposited from their account or that a separate account was maintained for the disputed duty amount. The judgment referenced the Supreme Court's decision in Mafatlal Industries case, highlighting that every manufacturer typically sells goods above cost-price plus duty, and the duty is presumed to be passed on to buyers unless proven otherwise. Section 12B of the Act establishes this presumption unless rebutted. The burden of proof was on the appellant to show that the duty burden was not transferred, but the evidence presented indicated otherwise. The judgment concluded that all refund claims under the Central Excise Act must demonstrate non-passing of duty burden to buyers, ultimately dismissing the appeals based on the findings that the duty burden had indeed been passed on to the buyers.
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