2002 (4) TMI 341 - AT - Central Excise

Summary

Issues:
Classification of goods under Central Excise Tariff Act, refund of duty, jurisdiction under Section 11A and Section 35E(2) of the Central Excise Act.

Classification of Goods Issue:
The appeal involved a dispute regarding the classification of paper-based decorative laminated sheets under the Central Excise Tariff Act. The Appellants classified the product under sub-heading 4818.90, while the Department classified it under sub-heading 3920.31. The Tribunal initially decided in favor of the Appellants, leading them to file a refund claim. However, the Revenue appealed to the Supreme Court, which ultimately classified the product under Chapter 39 of the Tariff, resulting in a demand for Central Excise duty amounting to Rs. 68,22,693. The Commissioner (Appeals) confirmed the demand, stating that the initial refund was erroneously granted due to the change in classification.

Jurisdiction Issue - Sections 11A and 35E(2) of the Central Excise Act:
The main contention raised was regarding the jurisdiction of initiating recovery proceedings under Section 11A without simultaneously invoking Section 35E(2) of the Central Excise Act. The Appellants argued that since the initial refund order was not appealed against or reviewed, and no separate proceedings were initiated under Section 35E(2), the current recovery proceedings lacked jurisdiction and were not maintainable. Citing relevant case law, the Appellants emphasized the requirement for simultaneous action under both provisions for recovery of an erroneous refund. On the other hand, the Revenue contended that once the Supreme Court ruled in their favor, the duty refund became due, and there was no need to follow Section 35E(2) procedures.

Judgment Analysis:
The Tribunal found merit in the Revenue's argument, emphasizing that the duty refund became due to the Revenue following the Supreme Court's decision favoring them. The Tribunal held that since the Tribunal's decision in favor of the Appellants was overturned by the Supreme Court, the duty refund granted earlier was rightfully claimed back by the Revenue. The Tribunal referred to the principle that the finality of a decision lies with the superior forum, as highlighted in the case of Kunhayammed v. State of Kerala. It was noted that the decision in the Doothat Tea Estate case, relied upon by the Appellants, was not applicable in this scenario since the Tribunal's order leading to the refund was not reversed by a higher forum. Consequently, the Tribunal upheld the Commissioner (Appeals)'s decision to reject the appeal, stating that there was no reason to interfere with the impugned order. Therefore, the appeal was dismissed, affirming the demand for Central Excise duty from the Appellants.