OID Cess refund granted

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai, held that ONGC was entitled to a refund of excess Oil Industry Development (OID) Cess paid due to adoption of an incorrect valuation methodology. 

The Tribunal further ruled that the refund was not barred by the doctrine of unjust enrichment, as the contractual terms, invoices, Chartered Accountant's certificate and buyer's confirmation conclusively established that the incidence of OID Cess had never been passed on to the purchaser.