2016 (9) TMI 317 - HC - Customs

Refund application CVD unjust enrichment - whether CVD has been passed on and collected from the end users? - decision on similar issue passed in the case Yu Televentures v. Union of India 2016 (8) TMI 184 - DELHI HIGH COURT Held that - the operative portion of the case should be similar to the case of Yu Televenture - Refund allowed refund to be made along with interest.

Summary

Issues:
1. Payment and refund of Countervailing Duty (CVD)

Analysis:
The judgment involves a writ petition seeking direction for processing a refund application related to Countervailing Duty (CVD). The petitioner argued that all necessary documents for the refund claim were timely submitted, but the application was rejected without considering the provided materials. The rejection was based on the department's contemplation of an appeal in a specific case and seeking a review of the law declared by the Supreme Court in a different case. The Supreme Court had clarified the principles for quantifying CVD, emphasizing the need to ascertain the extent of CVD to which the importer is entitled based on the presumption of goods being manufactured in India and excise duty leviable on them.

The court observed that the adjudication officer rejected the refund claim following a similar approach that was previously scrutinized in other orders. The court referred to a specific case where the same officer rejected a refund claim during the same period. The respondents argued against granting relief, stating the lack of ascertainment regarding whether the CVD was actually passed on and collected from the end user. However, the petitioner contended that all required documents, including the Chartered Accountant's certificate, were provided, confirming no unjust enrichment to the importer. The court rejected the submission that the CA's certificate was not a valid ground for rejection, ultimately allowing the petitioner's refund claim.

Considering the identical facts with a previous case, the court directed that the operative portion of the order should mirror the one in the referenced case. Consequently, the court allowed the petitioner's refund claim and directed the respondents to pay the claimed amount along with due interest within three weeks. The judgment concluded with no order as to costs, emphasizing the urgency of the refund payment within the specified timeline.