Excise Duty Refund Denied Due to Excess Realisation Over FOB Value Triggering Unjust Enrichment

Sesa Sterlite Ltd. Vs Commissioner of Customs (CESTAT Hyderabad) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Hyderabad, dismissed an appeal challenging the rejection of an excise duty refund on the ground of unjust enrichment. The refund of ₹12,10,234 had originally been sanctioned following reassessment of a shipping bill, which reduced the duty liability. However, the Department issued a show cause notice seeking recovery of the refund on the basis that the appellant had realized an amount higher than the declared Free on Board (FOB) value, thereby attracting the doctr...