2003 (7) TMI 422 - Commissioner - Customs

Commissioner sets aside unjust denial of refund due to excess duty, finds legal flaws

IN RE: TURAKHIA FERROMET PVT. LTD.

IN RE: TURAKHIA FERROMET PVT. LTD. - 2003 (157) E.L.T. 127 (Commr. Appl.) Issues:Refund denial due to failure to prove excess duty passed on to customer.Analysis:The Assistant Commissioner of Customs denied the refund, stating the importer failed to prove that the excess duty had been passed on to the customer. The appellant's representative, Shri Sujay Kantawala, argued during the personal hearing that the necessary evidence, including a Chartered Accountant's certificate and purchase order, had been submitted. He pointed out that without contradicting this evidence, the denial was unjustified. He also referenced a similar case upheld by the Hon'ble Tribunal. The Commissioner reviewed the case records and arguments, acknowledging the appellants' entitlement to the refund. However, the denial was based on unjust enrichment without sufficient reasoning. The Commissioner found fault with the adjudicating authority's interpretation of the evidence, particularly regarding the selling cost exceeding the landed cost by 16.32%. The Commissioner highlighted the vital evidence of the purchase order and invoice, both showing a consistent price before the import, undermining the assumption of excess duty being included. The appellants' cost sheet further supported their claim of loss, which remained uncontradicted.The Commissioner concluded that the appellants had successfully discharged the burden under Section 28D of the Customs Act, citing a precedent from the Hon'ble Tribunal. Consequently, the impugned order was deemed legally flawed and set aside, allowing the appeal with any consequential relief.