1996 (6) TMI 172 - AT - Central Excise

Appeal dismissed for refund claim on double duty payment due to time bar and unjust enrichment.

The appeal challenging the rejection of a refund claim amounting to Rs. 75,126.90 for duty paid twice on the same molasses was dismissed. The claim was ... Refund - Limitation Issues:1. Rejection of refund claim on the ground of time bar under Section 11B of Central Excises and Salt Act, 1944.2. Admissibility of refund claim for duty paid twice on the same molasses.3. Interpretation of protest letter and its impact on the time bar for refund claim.4. Allegations of unjust enrichment in relation to the refund claim.Analysis:1. The appellants contested the rejection of their refund claim amounting to Rs. 75,126.90, asserting that the duty was paid twice on the same molasses. The Assistant Collector held that the claim was time-barred as the duty was paid without clearance of the molasses, and subsequent duty payments lacked documentary evidence of being paid again. The Assistant Collector also cited unjust enrichment as a reason for rejecting the claim, referencing Section 11B of the Central Excises and Salt Act, 1944. The Collector upheld this decision, emphasizing the lack of substantiation for the refund claim.2. The appellants argued that the duty was erroneously paid during the shifting of molasses within the factory premises, and duty payment was only applicable upon actual removal from the factory. They contended that the refund claim was valid as the duty was paid under protest based on adjudication orders. However, the Tribunal found no merit in this argument, stating that the protest letter submitted by the appellants did not align with the timeline of duty payments and lacked substantial grounds. The Tribunal dismissed the appeal, emphasizing the absence of a valid basis for the refund claim.3. The interpretation of the protest letter dated 19-10-1990 was crucial in determining the validity of the refund claim. The Tribunal highlighted that the letter did not serve as a valid protest against the duty payments made in 1988 as per adjudication orders. Additionally, the Tribunal noted discrepancies in the appellants' claims regarding the clearance of molasses between different time periods, casting doubt on the genuineness of the refund claim. The Tribunal concluded that the protest letter did not impact the time bar issue and upheld the rejection of the refund claim.4. The issue of unjust enrichment was raised concerning the refund claim, with the Assistant Collector and the Collector asserting that the duty paid on the molasses had been passed on to customers. This allegation, coupled with the lack of evidence supporting the refund claim, led to the rejection of the appeal. The Tribunal concurred with this assessment, emphasizing the unsubstantiated nature of the claim and the absence of a valid legal basis for granting the refund. Consequently, the appeal was dismissed based on the grounds of time bar, unjust enrichment, and lack of merit in the refund claim.