2007 (5) TMI 473

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....R, for the Respondent. [Order]. - The appeals are directed against denial of refund of excess customs duty paid on capital goods on the ground that the appellant failed to produce sufficient evidence to prove that the incidence of excess duty has not been passed on through product prices. Thus, there is no dispute that excess duty had been paid. The only issue is whether the amount should be....

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....uld not have a case, instead, if machinery cost was worked out excluding excess levy, as contended by the Appellant, it would be a case of Appellant not passing on the excess duty amount." In view of the CESTAT final order dated 23-3-2006/17-4-2006, I find that Hon'ble CEGAT/CESTAT, has directed for two type of verification (i) If the duty paid in excess had been taken into account while determ....

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....to furnish sufficient evidence to prove that the burden of the excess duty has not been passed through "Product Price". Accordingly, I hold that the doctrine of unjust enrichment is applicable accordingly, Rs. 168061/- credited to Consumer Welfare Fund as per the provisions vide Section 27(2) of the Customs Act, 1962 vide Impugned Order (i.e. Order-in-Original No. 5/2005 dated 10-5-2005 passed by ....

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....tion as to whether the duty paid had been taken into account while determining fixed cost and since the excess duty amount was not forming part of the fixed cost, the question of its being passed on through product price does not arise. As regards, the sale of the gem stones manufactured by the appellant, the submission is that they are exported and their price is market driven and not based on co....