2017 (1) TMI 655 - AT - Central Excise

Refund claim - unjust enrichment - discount - The customer while making the payment deducts the applicable cash discount and so far as quantity discount is concerned, the appellant raises credit note based on the total quantity lifted, if the target quantity is achieved - rejected on the ground that the duty has been passed on to the buyer as the credit note has been issued subsequent to the raising of invoice - Held that - this issue is no more res integra in view of the recent decision of the Hon ble Supreme Court of India in the case of Commissioner of Central Excise vs. Addison and Company Ltd. 2016 (8) TMI 1071 - SUPREME COURT , where it was held that the Assessee is entitled for filing a claim for refund on the basis of credit notes raised by him towards turnover discount. The case needs to be remanded back to the original authority to determine whether the principle of unjust enrichment is applicable or not - appeal allowed by way of remand.

Summary

Issues:
Appeal against rejection of refund claim based on duty passed on to buyer, consideration of cash and quantity discount, applicability of unjust enrichment principle.

Analysis:
The appeal challenged the Commissioner (Appeals) order rejecting the refund claim, which upheld the Order-in-Original. The appellant, a coated paper manufacturer, offered cash and quantity discounts to customers. Cash discount was for prompt payment, while quantity discount was based on total quantity lifted. The appellant filed refund claims within the time limit, but the claim was rejected due to the duty being passed on to the buyer through credit notes issued post-invoice. The appellant argued that discounts were not known at dispatch, and cash discount was contingent on future actions. The AR supported the impugned order.

The Tribunal noted the reliance on previous orders and the issue of discounts not known at dispatch. The appellant acknowledged the issue was settled by the Supreme Court in a recent judgment, referring to relevant paragraphs. The Supreme Court decision clarified entitlement to refund based on credit notes for discounts known at clearance. The Tribunal concluded that the case needed remand to determine unjust enrichment applicability, following the Supreme Court's judgment. The impugned order was set aside, and the case was remanded for further assessment.

In conclusion, the Tribunal's decision highlighted the importance of considering the applicability of the unjust enrichment principle in refund claims involving discounts passed on to buyers. The judgment emphasized the need for a thorough assessment to determine if the duty burden was truly borne by the buyer, as clarified by the Supreme Court's recent ruling. The case was remanded for a detailed examination based on the principles established in the apex court's decision, ensuring a fair and just resolution of the appeal.