Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2011 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 428 - BOMBAY HIGH COURTRefund claimed - Unjust enrichment - There is no question of applying the principles of unjust enrichment because, the company has not imported the goods under the advance licences - Goods were imported duty free by the persons to whom the advance licences were sold - Since the predecessor company had not imported the goods duty free, the question of passing on the duty element to the customers did not arise at all - It is not in dispute that the amount was deposited for and on behalf of the petitioners, it is not in dispute that the said amount is refundable and it is also not in dispute that the said deposit amount could not be passed on to the customer. Since the amount in question did not belong to the consumer the said amount could not be directed to be credited to the Consumer Welfare Fund - The impugned order quashed and set aside to the extent it holds that the refund amount of Rs. 1,10,55,000/- be credited to the Consumer Welfare Fund - The respondents are directed to refund the entire amount of Rs. 1,30,55,000/- to the petitioner No. 1 with interest @ 6% p.a. from the date of deposit till payment.
|