2001 (7) TMI 408 - AT - Central Excise

Summary

Issues:
1. Refund claim of excess Special Excise Duty (SED) paid.
2. Application of doctrine of unjust enrichment.

Analysis:
1. Refund claim of excess Special Excise Duty (SED) paid:
The appellants, who manufacture cement, were permitted to remove cement from their factory with revised duty rates. They continued to pay the old rates for Basic Excise Duty (BED) and SED till a certain date, resulting in underpayment of BED and overpayment of SED. They later adjusted the underpaid BED amount and filed a refund claim for the excess SED paid. However, the claim was found to be in excess by the Assistant Collector of Central Excise, who rejected it citing Section 11B of the Central Excise Act, 1944. The Commissioner (Appeals) also rejected the appeal against this decision. The appellants argued that duty payment was made based on factory clearance, and sales from the depot were at market-determined prices inclusive of excise duty, thus claiming the doctrine of unjust enrichment did not apply.

2. Application of doctrine of unjust enrichment:
The Original Authority found that the appellants had passed on the burden of SED to their buyers, as evidenced by assessment documents and invoices. The authority noted that the appellants failed to prove that they did not pass on the duty incidence to their consignees. The authority concluded that the appellants had indeed passed on the duty incidence to their customers, invoking Section 12B of the Central Excise Act, 1944. The appellate tribunal endorsed these findings, stating that there was a rebuttable presumption against the appellants that the excise duty paid had been passed on to the buyers, which the appellants failed to rebut. Consequently, the tribunal dismissed the appeal, upholding the decision to reject the refund claim of the excess SED amount paid.

This judgment highlights the importance of compliance with excise duty payment regulations, the burden of proof in cases of refund claims, and the application of the doctrine of unjust enrichment in determining the eligibility for refunds.