2019 (12) TMI 896 - AT - Customs

Refund claim - unjust enrichment - case of Revenue is that although the appellant is a manufacturer and has captively consumed the imported goods they have not discharged the burden of showing that the unjust enrichment does not apply to their case - HELD THAT - The balance sheet does show as a heading balance with excise sales tax authorities . The certificate of the cost accountant indicated that the differential custom duty was included in this receivables account. There are no evidence to the contrary in the records before me. Evidently, the amount is added in the books of accounts as amount receivables and not as cost of raw materials and it could not have been passed on indirectly to the customers. The appellant is entitled to refund of the differential duty and their claim is not hit by the clause of unjust enrichment - appeal allowed - decided in favor of appellant.

Issues:
- Import of raw material for manufacturing steel
- Provisional assessment of bills of entry
- Differential duty payment
- Unjust enrichment claim by Revenue
- Appeal against refund orders
- Evidence of differential duty accounted as receivables
- Entitlement to refund

Analysis:
The case involves appeals against an order dated 27.09.2018 concerning the import of raw material for manufacturing steel. The appellant could not initially declare the final prices of the imported goods, resulting in provisional assessment of bills of entry. Subsequently, final invoices were submitted, leading to the final assessment of bills of entries and an order for the payment of differential duty. The Revenue contended that the appellant, being a manufacturer, had not proven that unjust enrichment did not apply to their case. The First Appellate Authority agreed with the Revenue and set aside the refund orders. However, the appellant argued that they accounted for the differential customs duty paid as "receivables," expecting a refund from the department. They claimed that the duty amount was added to the cost of raw materials and not indirectly passed on to customers. Supporting documents, including an affidavit, cost accountant certificates, and balance sheet, were submitted to prove this. The balance sheet showed the amount under "balance with excise sales tax authorities," and the cost accountant's certificate confirmed that the duty was included in the receivables account. The tribunal found no evidence to the contrary and concluded that the appellant was entitled to the refund as the duty amount was treated as receivables and not as part of the cost of raw materials, ensuring it was not passed on to customers. Consequently, the appeals were allowed, and the impugned order was set aside with any consequential relief.

This judgment addresses the issue of unjust enrichment claimed by the Revenue, focusing on whether the differential duty paid by the appellant was indirectly passed on to customers. The tribunal examined the appellant's accounting treatment of the duty amount as receivables and not as part of the cost of raw materials. The appellant successfully demonstrated through the balance sheet and cost accountant certificates that the duty amount was included in the receivables account, supporting their claim that it was not passed on to customers. The tribunal accepted this evidence, ruling that the appellant was entitled to the refund as the duty amount was not indirectly added to the cost of raw materials, thereby negating the unjust enrichment claim.

In conclusion, the judgment emphasizes the importance of proper accounting treatment in determining unjust enrichment claims. By documenting the duty amount as receivables and providing supporting evidence through the balance sheet and cost accountant certificates, the appellant successfully refuted the Revenue's claim of unjust enrichment. The tribunal's decision to allow the appeals and set aside the impugned order was based on the clear demonstration that the duty amount was not passed on to customers but treated separately, entitling the appellant to the refund.

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