2016 (12) TMI 710 - AT - Central Excise

Tribunal denies excise duty refund, citing unjust enrichment doctrine.

M/s. Bharat Bijlee Ltd. Versus Commissioner of Central Excise, Belapur

M/s. Bharat Bijlee Ltd. Versus Commissioner of Central Excise, Belapur - TMI Issues:1. Whether the appellant is entitled to a refund of the excise duty paid on excess freight collection.2. Whether the doctrine of unjust enrichment applies in this case.Analysis:1. The appellant had recovered excess freight above the actual amount paid and was subsequently demanded excise duty on the excess collection. The appellant claimed a refund citing a Supreme Court judgment stating that the excess freight is not liable for duty. The refund claim was rejected based on unjust enrichment, as the duty amount was collected from customers. The Commissioner (Appeals) upheld the rejection, leading to the appellant's appeal before the tribunal.2. The appellant argued that they were not obligated to pay duty on the excess freight collection based on the Supreme Court judgment. The appellant's counsel referenced various judgments to support their claim. The Revenue reiterated the findings of the impugned order, stating that the duty amount was collected from customers, thus no refund was due.3. The tribunal considered both sides' submissions and noted that the appellant failed to prove that the duty incidence was not passed on to others. As a result, the tribunal upheld the decision based on unjust enrichment, denying the refund. The tribunal did not delve into the merit of whether duty was payable on the excess freight collection, as the case was decided on the unjust enrichment aspect. Consequently, the appeal was dismissed, affirming the impugned order.