2009 (10) TMI 658 - AT - Customs

Tribunal remands case on customs refund claim for further review.

KROHNE MARSHALL LTD. Versus COMMR. OF CUS., AIRPORT, MUMBAI

The Tribunal allowed the appeal by remanding the case back to the lower appellate authority for further consideration. The dispute stemmed from the ... - Issues involved: Rejection of refund claims u/s 27 of the Customs Act, classification of imported components, unjust enrichment, admissibility of evidence, challenge to assessment orders.Summary:The appeal was filed against the rejection of refund claims by the assessee under Section 27 of the Customs Act, concerning the classification of imported components for the manufacture of flowmeters. The dispute arose as the assessee claimed the goods should be classified under Heading 90.26 instead of Heading 90.28, resulting in excess duty payments. The Commissioner (Appeals) ruled in favor of the assessee for one bill of entry, but the refund claims were rejected on grounds of unjust enrichment, leading to the present appeal.Upon examination, it was argued that the excess duty burden was not passed on to customers, supported by a Chartered Accountant's certificate and relevant documents. However, the authorities found insufficient evidence to support this claim, leading to the dismissal of the appeal. The contention was raised that the constancy of price of goods did not necessarily prove that the duty burden was not passed on to customers, citing relevant case law.The Tribunal overruled the objection that the assessments were not challenged, emphasizing that each refund claim should be examined on its own merits. The question of unjust enrichment was central to the case, with the burden on the assessee to prove that the duty burden was not passed on to buyers. The Chartered Accountant's certificates provided were deemed insufficient as they lacked necessary details and supporting documents. As a result, the case was remanded to the lower appellate authority for further consideration in accordance with the law.Both sides requested consideration of relevant case law, highlighting the importance of addressing the issue of unjust enrichment in the reassessment of the refund claims. The Tribunal directed the lower appellate authority to review the case with the opportunity for additional evidence and further hearings.In conclusion, the Tribunal set aside the previous order and allowed the appeal by way of remand, emphasizing the need for a thorough examination of the refund claims in light of the unjust enrichment principle and admissible evidence.