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of <h1>Tribunal rules in favor of appellant, refund not for Consumer Welfare Fund</h1> <h3>M/s Andhra Pradesh Paper Mills Ltd. Versus Commissioner of Central Excise, Visakhapatnam</h3> M/s Andhra Pradesh Paper Mills Ltd. Versus Commissioner of Central Excise, Visakhapatnam - TMI Issues:1. Duty paid on Sub-Standard Kraft Paper mistakenly.2. Refund claim denied due to time bar.3. Aspect of unjust enrichment in the refund.4. Application of unjust enrichment to assessments finalized after 25.06.1999 but pertaining to the period prior to 25.06.1999.Analysis:1. The appellants paid duty on Sub-Standard Kraft Paper mistakenly, which was consumed captively in the manufacture of final products. The duty was paid due to ignorance of Notification No. 217/86-CE dated 01.03.1986. The refund claim was filed after paying duty provisionally under protest.2. The refund claim was partially allowed by the Adjudication authority, sanctioning &8377; 7,05,812.57/- for duty paid in the last six months but rejecting the balance of &8377; 29,80,997/- as time-barred. This decision was challenged by the appellant before the Commissioner (Appeals) and further appealed before the Tribunal, Chennai.3. The Tribunal remanded the matter to the original authority to consider the aspect of unjust enrichment in light of the Mafatlal Industries case. The Adjudicating Authority sanctioned the refund but ordered it to be transferred to the Consumer Welfare Fund due to lack of proof of no undue enrichment. This decision was appealed by the appellant, leading to a series of litigations and appeals.4. The issue of unjust enrichment in refunds finalized after 25.06.1999 but related to the period before that date was extensively discussed. The appellant argued that the proviso to sub-rule (5) of Rule 9B, inserted after 25.06.1999, should not apply retrospectively. The Larger Bench of the Tribunal, relying on precedents, held that unjust enrichment would not be applicable to refunds finalized after 25.06.1999 for periods prior to that date, as the proviso to Rule 9B(5) was not in place before 25.06.1999.In conclusion, the Tribunal held in favor of the appellant, ruling that the refund should not be credited to the Consumer Welfare Fund due to unjust enrichment. The decision set aside the impugned order and declared the appellant eligible for the refund, allowing the appeal with any consequential relief.
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