CESTAT Allows OID Cess Refund as Excess Duty Was Paid on Incorrect Assessable Value

Oil And Natural Gas Corporation Pvt. Ltd. Vs Commissioner of GST And Central Excise (CESTAT Chennai) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai, allowed the appeal against the order rejecting a refund of ₹4,42,08,044 claimed towards excess Oil Industry Development Cess (OID Cess) paid during March 2016 to May 2016. The refund had been rejected on the ground of unjust enrichment after the authorities held that the appellant had failed to establish that the incidence of duty had not been passed on to the buyer. The Tribunal identified two issues for determination:...