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of <h1>Successful Revenue challenge on refund claim based on unjust enrichment due to errors in Appeals decision.</h1> <h3>COMMISSIONER OF CENTRAL EXCISE, CHANDIGARH Versus AMBAY INDUS.</h3> COMMISSIONER OF CENTRAL EXCISE, CHANDIGARH Versus AMBAY INDUS. - 2004 (175) E.L.T. 585 (Tri. - Del.) Issues:Challenge to refund claim based on unjust enrichment doctrine.Analysis:The case involved a challenge by the Revenue against an order allowing a refund claim by the respondents on the grounds that the doctrine of unjust enrichment was not applicable to their case. The adjudicating authority initially disallowed the refund claim, stating that the respondents had failed to prove that they did not pass on the duty incidence to customers. However, the Commissioner (Appeals) reversed this decision solely based on the payment of duty under protest, without considering the passing on of duty element. The Tribunal remanded the matter for fresh decision in light of relevant legal precedents.Upon review, the judge found that the Commissioner (Appeals) erred in not examining whether the duty element was passed on to consumers, as required by the Tribunal's remand order referencing the Mafatlal Industries Ltd. case. The respondents' argument that not separately mentioning the duty element in invoices meant non-passing of duty was rejected, citing the Apex Court's observation that mere omission in invoices did not prove non-passing of duty. The judge noted that the adjudicating authority rightly disallowed Modvat credit due to lack of evidence.The judge criticized the Commissioner (Appeals) for not addressing the issue of proving non-passing of duty to consumers as directed by the Tribunal. The judge emphasized that the case did not involve duty paid under protest for provisional assessment, making the unjust enrichment principle inapplicable. Consequently, the impugned order was set aside, and the matter was remanded to the Commissioner (Appeals) for a fresh decision in line with the legal discussion provided.In conclusion, the appeal of the Revenue was allowed by way of remand, highlighting the importance of proving non-passing of duty to consumers and the incorrect application of the unjust enrichment doctrine in this case.
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