1998 (10) TMI 126 - AT - Customs

Summary

Issues:
1. Classification of imported part under Tariff Heading 90.33 or 84.44.
2. Rejection of refund claim based on unjust enrichment.

Classification Issue:
The appellant imported a part described as a 'regulating sensor' and claimed excess duty paid by them under Notification No. 172/89-Cus., stating the goods are assessable under Tariff Heading 90.33. The Assistant Commissioner rejected the claim, stating the part, as a component of a texturing machine, does not fall under Tariff Heading 90.33. The Assistant Collector also argued that the duty burden was passed on to consumers when the texturing machine was used in manufacturing other goods. On appeal, the appellants argued the part should be classified under Tariff sub-heading 8448.20, part of a Texturing machine under Tariff Heading 84.44. The lower appellate authority dismissed this argument, deeming the classification appropriate. The Tribunal found the lower authority's dismissal unjustified, emphasizing that classification is a legal question and can be raised at any stage with sufficient factual support. As the part is acknowledged as a component of a texturing machine, prima facie classified under Tariff Heading 84.44, the Tribunal remanded the case for re-adjudication by the Commissioner (Appeals) Central Excise, Bhopal.

Unjust Enrichment Issue:
Regarding the rejection of the refund claim based on unjust enrichment, the Tribunal disagreed with the lower authority's decision. The Tribunal noted that the part in question was used by the appellants in their own machines and not sold to customers, thus the doctrine of unjust enrichment should not apply. Citing a Bombay High Court judgment and consistent Tribunal decisions, the Tribunal held that unjust enrichment does not apply when the imported part is used in the appellant's own machines. This view was supported by previous Tribunal cases, such as the Vardhman Spg. & General Mills case. Therefore, the Tribunal found the lower authority's decision on unjust enrichment to be incorrect and supported the appellant's position.

This summary provides a detailed analysis of the legal judgment, covering the issues of classification and unjust enrichment comprehensively while retaining the legal terminology and key details from the original text.