2000 (9) TMI 510 - AT - Customs

Summary

Issues:
1. Refund of excess duty claimed by the appellant.
2. Requirement of evidence to demonstrate non-passing of duty incidence to customers.
3. Scrutiny of documentary evidence by authorities.
4. Interpretation of provisions related to duty payment and refund eligibility.
5. Need for one-to-one co-relationship between imported goods and sales.

Analysis:
1. The appellant sought a refund of Rs. 50,589, which was denied by the Commissioner (Appeals) and the Assistant Commissioner, directing the amount to be credited to the Consumer Welfare Fund. The basis of denial was the lack of evidence regarding duty amount in sales documents and unjust enrichment.

2. The appellant contended that they provided substantial documentary evidence to support their claim, asserting that no duty incidence was passed on to customers. They argued against the findings of both authorities, emphasizing the fixed price, absence of variation, and eligibility for refund under Notification 24/98.

3. The Assistant Commissioner's requirement of a one-to-one co-relationship between imported goods and sales was challenged by the appellant's counsel as irrelevant to the refund claim. The counsel argued that the focus should be on duty payment, eligibility under the Notification, and non-passing of duty incidence, supported by evidence.

4. The Tribunal found fault with the Commissioner (Appeals) for a superficial order lacking proper examination of documents and contentions. It disagreed with the Assistant Commissioner's insistence on a direct evidence of non-passing of duty incidence, emphasizing the need to assess eligibility for refund based on duty payment and Notification criteria.

5. Consequently, the Tribunal set aside the orders of the lower authorities and remanded the matter for fresh consideration. It directed the original authority to re-examine the evidence related to excess payment and non-passing of duty incidence to customers. The Tribunal stressed the importance of a thorough review and a reasoned decision based on the evidence presented by the appellant.