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2008 (8) TMI 322 - AT - Central ExciseRefund of Excise Duty – unjust enrichment – found that the balance sheet produced by the Respondents clearly records that the amount of claimed refund is receivable from the Department. From the cost sheet submitted by the Respondents to the Ministry of Chemicals and Fertilizers, it is found that they have included only the undisputed duty amount of Rs. 99,10,938.00 calculating the cost as against the total duty of Rs.1,25,60,947.00 - It is thus clear that the selling price to the buyers and the retention price are both below their cost price excluding the excess duty. In view of these undisputed details as well as the certification by the Chartered Accountant and a clear mention about the amount receivable in the balance sheet – held that there no doubt that the differential excise duty has not been passed on to the buyers or to the Government of India by the Respondents and hence, grant of refund to them would not result in unjust enrichment. Refund is allowed.
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