2003 (10) TMI 465 - AT - Customs

Commissioner's decision to credit refund to Consumer Welfare Fund set aside. Balance refund to be reassessed.

The Tribunal set aside the Commissioner's decision to credit a refund amount to the Consumer Welfare Fund and reject the balance refund amount. The ... Refund - Unjust enrichment Issues:1. Crediting refund amount to Consumer Welfare Fund.2. Rejection of balance refund amount.Analysis:1. The appellants obtained a refund of Rs. 44,000 for imports, with the original claim being Rs. 53,660. The Assistant Commissioner directed the sanctioned amount to be credited to the Consumer Welfare Fund. The appellants challenged this decision along with the rejection of the balance amount of Rs. 9,660. The Commissioner (Appeals) held that the refund could not be claimed unless the assessment order was modified. However, the Tribunal found the Commissioner's order to be legally unfounded. The Commissioner had no authority to challenge the refund sanction without an appeal. The Tribunal set aside the Commissioner's order and directed a fresh review of the crediting to the Welfare Fund. The original refund sanction was deemed final and irrevocable.2. The Tribunal ruled in favor of the appellant, remanding the matter to the Commissioner (Appeals) for a new decision following proper legal procedures. The Commissioner was instructed to assess the justification for crediting the amount to the Welfare Fund and to review the denied balance refund of Rs. 9,660. The Tribunal set aside the impugned order to the extent indicated, ensuring the principles of natural justice were adhered to in the subsequent proceedings.