Unjust enrichment for refund of custom duty

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Yogin (Querist)
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14 February 2013 Dear Sirs,

We have paid BCD on exempted goods and the amount is expense out as additional cost of Raw Material in 2011-12. Financial Audit is also completed.

Now we come to know that those material is exempted and applied for re-assessment and refund.

Can we prove unjust enrichment by passing JV in current year for Debiting Receivable from Govt. and credit to Import Purchase Account?

Thanks,

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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26 February 2013 In terms of Section 27(2) of the Customs Act, 1962 the concerned Assistant/Deputy Commissioner of Customs has to examine the facts of the case and the material placed before him in order to determine whether the amount claimed by an applicant is refundable to him or not. Further, the Assistant/Deputy Commissioner of Customs should go through the details of audited balance sheet and other related financial records, certificate of the Chartered Accountant etc., submitted by the applicant in order to decide whether the applicant had not passed on the incidence of the duty and interest thereon, if any, to any other person. The Order-in-Original passed by the Assistant/Deputy Commissioner of Customs on the refund application should be a speaking order providing specific details including the relevant financial records that are relied upon to arrive at a conclusion whether the burden of duty or interest, as the case may be, has been passed on or not. Refund orders issued in a routine and casual manner thereby sanctioning the amount but crediting the same to the Consumer Welfare Fund without going through the factual details of the case and the due process as provided in the first proviso cannot be considered as a complete and speaking order.

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