2003 (12) TMI 459 - AT - Central Excise

Summary

Issues:
1. Refund of erroneously paid cess beyond the limitation period.
2. Application of principles of unjust enrichment.
3. Payment under protest compliance with Rule 233B of Central Excise Rules, 1944.

Analysis:
1. The case involved appeals by the Revenue against a common order-in-appeal passed by the Commissioner. The respondents, manufacturers of vegetable oil, had paid cess at an erroneous rate and later claimed a refund beyond the six-month limitation period. The initial refund claims were rejected as time-barred. The matter was remanded for de novo adjudication to ascertain if the duty incidence was passed on and if the payment was made under protest. The Assistant Commissioner rejected the claims again based on unjust enrichment. The Commissioner (Appeals) disagreed with the findings, leading to the Revenue's appeal.

2. Regarding payment under protest, the Commissioner (Appeals) found that the challans, countersigned by Central Excise officers, indicated payment under protest, exempting the claims from the limitation period. It was also concluded that the duty incidence was not passed on to buyers. The Revenue challenged this decision, arguing that the endorsement of payment under protest did not follow Rule 233B procedures, making the findings on unjust enrichment inapplicable.

3. The Tribunal carefully examined the submissions and ruled that the procedure under Rule 233B did not require a duty paying document for each consignment. The consolidated payment of cess at the end of a quarter, with protest remarks on challans countersigned by officers, was deemed compliant. The Tribunal noted that any deficiency in the procedure should have been communicated by the range Superintendent, but since the protest payment requirements were met, the appeals lacked merit. Additionally, the Tribunal highlighted that Rule 233B did not specifically apply to the provisions of the Vegetable Oils Cess Act, 1983. Consequently, the Revenue's appeals were dismissed for lacking a legal basis.