2019 (11) TMI 487 - AT - Central Excise

Tribunal grants refund of excise duty, rejects unjust enrichment claim

M/s Savita oil Technologies Ltd. Versus Commissioner of Central Excise-Belapur

M/s Savita oil Technologies Ltd. Versus Commissioner of Central Excise-Belapur - TMI Issues:1. Claim for refund of excess excise duty.2. Applicability of the doctrine of unjust enrichment.3. Interpretation of accounting records to determine passing on of duty incidence.4. Decision on crediting refund amount to Consumer Welfare Fund.Analysis:1. The appellant, engaged in the manufacture of lubricating oil, sought a refund of excess excise duty paid during the disputed period. The appellant had initially resorted to provisional assessment, which was later finalized by the central excise authorities, resulting in the identification of excess duty paid. Subsequently, refund applications were filed by the appellant, which were adjudicated favorably by the original authority. However, the refund amount was credited to the Consumer Welfare Fund instead of being paid to the appellant, leading to the filing of appeals before the Tribunal.2. The appellant contended that the incidence of excess duty had not been passed on to any other person, thus invoking the doctrine of unjust enrichment to claim the refund. The appellant supported this claim by submitting relevant financial records, including the Balance Sheet, to demonstrate that the duty incidence had been borne solely by the appellant without being transferred to buyers or any other entity.3. The Revenue argued that the duty incidence had been passed on by the appellant to its buyers, as reflected in the profit and loss account where the central excise duty had been deducted from gross sales, impacting the company's profitability. However, upon examination of the Balance Sheet and other financial records, the Tribunal found conclusive evidence that the excess duty amount had not been passed on and had been borne by the appellant throughout.4. The Tribunal emphasized that the onus is on the claimant to prove that the duty incidence has not been passed on to any other party. By analyzing the accounting entries and financial statements, the Tribunal determined that the excess duty amount had not been integrated into the normal sales transaction value, as indicated in the profit and loss account. Therefore, the Tribunal concluded that the refund amount should not have been credited to the Consumer Welfare Fund based on the doctrine of unjust enrichment.In conclusion, the Tribunal set aside the impugned order, allowing the appeals in favor of the appellant and granting the consequential benefit of refund, based on the established facts regarding the passing on of the excess duty incidence and the inapplicability of the doctrine of unjust enrichment in this case.