2015 (1) TMI 257 - AT - Customs

Denial of refund claim - Unjust enrichment - Held that - In the facts and circumstances, the provisions of unjust enrichment is not attracted. It is clear from the copies of the financial statements along with the CA certificate and copy of the challan produced before this Tribunal that the amount has not been passed on and shown as recoverable amount. Thus, the appeal is allowed on merits with consequential relief to the appellants. On production of a certified copies of the order of this Hon ble Tribunal, the concerned authority will grant refund within a period two months from the receipt of the order, with interest as per Rules. - Decided in favour of assessee.

Summary

Issues: Unjust enrichment in refund of security deposit for imported machinery under project import regulations.

In this judgment, the issue revolved around the unjust enrichment in the refund of a security deposit for imported machinery under project import regulations. The appellant had imported old and used machinery for setting up a plant for manufacturing pipes and tubes, depositing a significant amount as security. The Assistant Commissioner of Customs, in the order-in-original, denied the refund on the grounds of unjust enrichment, questioning whether the security deposit was included in the costing structure of the finished product for recovery from buyers. The appellant failed to provide conclusive evidence to prove otherwise, leading to the denial of the refund and the amount being credited to the Consumer Welfare Fund.

The Commissioner (Appeals) upheld the denial, emphasizing the need for the adjudicating authority to independently verify the refund claim's pass-on status to ultimate buyers. The appellant presented balance sheets, Annexure-10, and a deposit challan demonstrating the security deposit, arguing that it was not passed on and should not be subject to unjust enrichment. The appellant contended that the amount, if passed on, would not have remained as an asset in the balance sheet receivable from customs authorities, asserting that the doctrine of unjust enrichment did not apply to security deposits.

During the proceedings, the ld. DR for the Revenue cited precedents like Sahakari Khand Udyog Mandal Ltd. and Parle International Ltd. to support the denial of the refund based on unjust enrichment. However, the Tribunal, after considering the arguments and evidence presented, concluded that unjust enrichment was not applicable in this case. The financial statements, CA certificate, and challan copies indicated that the amount had not been passed on and was shown as recoverable, leading to the allowance of the appeal on merits. The Tribunal directed the concerned authority to grant the refund within two months of receiving the order, along with interest as per Rules.