2003 (11) TMI 443 - AT - Central Excise

Summary

Issues:
1. Appeal against order dismissing refund claim as time-barred.

Analysis:
The appeal was directed against an order-in-appeal where the Commissioner (Appeals) affirmed the order-in-original dismissing the refund claim of the appellants as time-barred. The appellant contended that the deposit made during the appeal before the Tribunal should be considered as predeposit, eliminating the need for a separate refund application within the limitation period. Reference was made to the case of Wazir Steel Industries v. CCE, highlighting that the limitation period for refund does not apply when duty payment is deposited pending an appeal.

The Tribunal considered both arguments presented. It was noted that the appellants made a deposit after the adjudicating authority confirmed the duty demand. Subsequently, the Tribunal accepted the appeal and set aside the duty demand. However, the Tribunal found no evidence to suggest that the deposit was made as a predeposit for the appeal hearing. The request to produce a stay order was rejected as belated, and the rejection of the stay application by the Tribunal was noted. The Tribunal emphasized that the deposit made by the appellants lacked evidence of being made under protest, despite a mention in RG 23A Part II, which contradicted the findings of the adjudicating authority.

The Tribunal concluded that the refund claim, filed after six months from the Tribunal's order, was rightfully considered time-barred. It was held that the deposit was not made under protest, and the argument regarding the entry in RG 23A Part II was dismissed. The Tribunal clarified that the case did not align with the precedent set in Wazir Steel Industries, as the specific circumstances of the present case did not warrant a similar application. Consequently, the appeal of the appellants was dismissed, upholding the decision that the refund claim was time-barred.