Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Law /2016-17/3438

Refund of duty in case of Unjust Enrichment
Case-MICHIGAN ENGINEERS PVT. LTD. Versus  COMMISSIONER OF C. E., CUS. & S.T., DAMAN
 
Citation- 2017 (345) E.L.T. 271 (Tri. - Ahmd.)
 
Brief Facts- The facts of the case, in brief, are that the appellants have sent duty paid Steel Bars and sent the same to M/s. PSL Corrosion Controls Ltd. (M/s. PSL) to get it epoxy coated on job work basis. After necessary coating, M/s. PSL returned the said coated bars on payment of Excise duty on the value, which included cost of the bar and conversion charges (coating charge) under protest. The matter was litigated before the Tribunal about the classification and dutiability of the said coated bars. The issue was decided in favour of the assessee holding that the process of coating undertaken by M/s. PSL (job worker) does not result into manufacture of excisable goods. Consequently, all these appellants who had sent the materials for job work, filed refund claims of the duty ultimately paid by them, which initially M/s. PSL Ltd. discharged at the time of clearance of the same. Show cause notice was issued to the respective appellants directing them to produce documents/evidences in establishing the fact that the amount of duty has not been passed on to their customers as required under the provisions of Section 11B(2)(e) of Central Excise Act, 1944 to be eligible to the refund. On adjudication, the demands were rejected on the ground of time-bar without adjudicating the issue of unjust enrichment. Aggrieved by the said order, the appellants preferred appeals before the ld. Commissioner (Appeals), who in turn, observed that though the refunds are filed within time limit but the appellants had failed to establish that the incidence of duty has not been passed to their customers and accordingly rejected the appeals. Hence, the present appeals.
 
Appellant’s Contention- The ld. Advocate, Shri Prakash Shah, for the appellant submits that all necessary evidences were placed before the authorities below in establishing the fact that the amount claimed as refund has not been passed on to their customers or any other person. It is his grievance that the documents were not analyzed in detail by the ld. Commissioner (Appeals) but erroneously observed that the documents produced were not sufficient in establishing the fact of non-passing of incidence of duty to the customers.
 
Respondent’s Contention- Per contra,the ld. AR for the Revenue reiterated the findings of the ld. Commissioner (Appeals). He submits that the documents which the appellants enclosed along with the appeal were not before the ld. Commissioner (Appeals). However, he has no objection in remanding the matter for verification of the documents.
 
Reasoning of Judgement- The Hon’ble authority find that the show cause notice was issued to the respective appellants directing them to produce evidences to show that the incidence of duty has not been passed on to the customers or any other person as required under Sec. 11B(2)(e) of CEA, 1944. Even though the ld. Advocate for the appellant claims that all evidences necessary to show that incidence of duty paid has not been passed on were presented before the authorities below, however, findings against the documents/evidences had not been recorded by either of them. I find that the ld. Commissioner (Appeals) in his order observed that the documents filed by them were not sufficient to establish the claim. Also, the Adjudicating Authority nowhere discussed in his order after analysis of evidences about the fact of passing of the incidence of duty to the customers or otherwise. In nut shell, both the authorities had not addressed the issue after examining the evidences/documents produced by the appellant’s along with their refund claim, so as to establish the fact that the incidence of duty has not been passed on to the customers. Therefore, in the interest of justice, it is prudent to remand the matter to the Adjudicating Authority to analyse all evidences on record and the evidences/documents that would be placed so as to establish their case and to record detailed findings on the said evidence as to whether the appellants had passed the incidence of duty to any other persons including their customers or otherwise. The above appeals are remanded for the limited purpose of examining the issue of unjust enrichment. Appeals are allowed by way of remand.
 
Decision- Matter Remanded.
Comment- The gist of the case is that the appellant who paid duty on non manufacturing activity is eligible for refund under section 11B of Central Excise act, 1944 only when the burden of duty has not been passed to customers. Unjust enrichment means when one person is enriched at the expense of another. Hence the matter is remanded by the authority for examining the issue of unjust enrichment.
 
Prepared by- Akshit Bhandari
 
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com