2005 (2) TMI 734 - AT - Central Excise

Summary

Issues:
Denial of refund based on unjust enrichment; Interpretation of uniformity in price before and after duty payment; Applicability of previous judgments on passing on duty incidence; Conflict between Tribunal decisions.

Analysis:
1. The appeal dealt with the denial of a refund due to failure to satisfy the unjust enrichment requirement. The assessee argued that the price of goods remained the same before and during the duty payment period. The learned DR cited the Supreme Court's decision in a specific case to argue that uniformity in price does not automatically prove non-passing of duty incidence.

2. The DR also referred to a Tribunal decision where it was observed that invoices showing the same price before and after excess duty payment do not necessarily indicate non-passing of duty incidence. The Tribunal emphasized the need to demonstrate that the duty burden was not transferred to the buyers, highlighting a distinction between passing on profit and passing on duty incidence.

3. On the contrary, the Chartered Accountant contended that for a manufacturer claiming a refund, uniformity in price before and after taxation suffices as evidence. Reference was made to an Apex Court judgment emphasizing the relevance of purchase cost when a distributor resells products. The CA argued that previous Tribunal judgments on manufacturer refund claims were not directly applicable to the buyer's refund claim in the present case.

4. Additionally, the Counsel relied on another Tribunal decision where it was held that showing composite prices in invoices without duty indicated separately could prove non-passing of duty incidence. This decision was supported by previous rulings and upheld by the Supreme Court, establishing a settled legal position.

5. The conflicting views between Tribunal decisions necessitated a reference to the Division Bench to determine whether the issue required consideration by a Larger Bench or if the judgments were distinguishable. This step was taken to resolve the inconsistency in legal interpretations and ensure clarity in future cases.