Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 266 - CESTAT MUMBAIRefund claim - exemption under Notification No. 506/86, dated 24-12-1986 - refund claim was sanctioned but was transferred to the Consumer Welfare Fund - Unjust enrichment - capital goods not in the possession of the appellant at the time when the Commissioner (Appeals) passed the order in 2004 - Held that:- In this case the only reason for denial of the refund claim is that these capital goods were not in the possession of the appellant in 2004. It is admitted fact that these capital goods were procured in 1989 and if the formula of depreciation is adopted by the department is applied to these capital goods, the life of the capital goods is ten years only. Admittedly, in this case the ld. Commissioner (Appeals) observed after 15 years of the procurement of those goods that these capital goods are not in possession of the appellant. On the other hand, he is holding that these capital goods have been used by the appellant and not sold. As these capital goods were in possession of the appellant till they were obsolete and destroyed, therefore, the observation of the Commissioner (Appeals) that capital goods are not in the possession of the appellant is not sustainable. Accordingly, it is held that bar of unjust enrichment is not applicable to the facts of this case - Decided in favour of assessee.
|