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of <h1>Refund claim denied: Duty burden passed to customers under Central Excise Act.</h1> <h3>CH. DEWAN CHAND DHANPATRAI Versus COLLECTOR OF C. EX., CHANDIGARH</h3> CH. DEWAN CHAND DHANPATRAI Versus COLLECTOR OF C. EX., CHANDIGARH - 1999 (109) E.L.T. 622 (Tribunal) Issues:- Appeal against rejection of refund claim under Central Excise Act, 1944.- Burden of duty passed on to customers.- Evidence required to prove non-passing of duty burden.Analysis:The appellants filed appeals against the rejection of their refund claim under the Central Excise Act, 1944. The adjudicating authority rejected the refund claim, directing the amount to be credited to the consumer welfare fund, alleging that the duty burden had been passed on to customers. The appellants contended that the findings were based on assumptions and lacked factual evidence. They argued that the duty element was not passed on, citing the maintenance of prices despite duty increases and the payment of excise duty from their own account. However, the authorities found evidence in gate passes and invoices indicating the duty burden being passed on to customers.The Commissioner (Appeals) relied on a previous decision involving M/s. Calcutta Steel Industries, which upheld the passing on of duty burden to customers. Referring to the Hon'ble Supreme Court's decision in Mafatlal Industries v. Union of India, the Tribunal emphasized that manufacturers typically sell goods above cost price plus duty, and passing on duty is a common practice. Section 12B of the Central Excise and Salt Act, 1944 presumes that duty incidence is passed on to buyers unless proven otherwise. The burden of proof was on the appellants to demonstrate non-passing of duty burden, which they failed to do by not providing sufficient evidence.In light of the lack of evidence presented by the appellants to show that the duty burden was not passed on to customers, the Tribunal upheld the impugned order. Following the principles established by the Hon'ble Supreme Court, the Tribunal dismissed the appeals, emphasizing that refund claims must establish non-passing of duty burden to buyers. The absence of evidence supporting the appellants' claim led to the dismissal of their appeals, affirming the decision that the burden of duty had indeed been passed on to customers.
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