2004 (11) TMI 228 - AT - Central Excise

Tribunal allows appeal, upholds refund claim. Burden of duty presumption clarified. Selling expenses not passed to customers.

The Tribunal set aside the order-in-appeal and allowed the appeal. The appellant's refund claim, credited to the Consumer Welfare Fund, was upheld. The ... Refund claim - Unjust enrichment - Bar of Issues:Refund claim credited to Consumer Welfare Fund due to failure to prove burden of duty not passed on to customers.Summary:The appellant filed an appeal against an order-in-appeal that credited a refund claim to the Consumer Welfare Fund, alleging the appellant did not prove that the burden of duty had not been passed on to customers. The Revenue objected to adding notional interest to the assessable value of goods, which the appellant debited on 8-1-1997. Subsequently, a show cause notice was issued for demanding duty for the years 1993-1994 to 31-3-1996. The Commissioner (Appeals) allowed the appeal, leading to the refund claim. The appellant argued that as the amount was debited after goods clearance, the principles of unjust enrichment should not apply. They contended that since the amount was recorded as selling expenses, recovered from profits, the claim should not be rejected based on duty burden passing to customers.The Revenue argued that since the amount was listed as selling expenses, which are included in sale prices, the Commissioner rightly credited it to the Consumer Welfare Fund. The Tribunal, citing a previous case, held that duty burden presumption does not apply when duty is paid after goods clearance. The appellant maintained that the amount was deposited after the dispute period and was treated as sale expenses, not affecting unjust enrichment. Consequently, the impugned order was set aside, and the appeal was allowed.