2004 (2) TMI 523 - AT - Central Excise

Summary

Issues:
1. Single appeal with separate numbers
2. Refund of duty paid on returned goods under provisional assessment
3. Application of Rule 173H and Rule 173L
4. Limitation period for claiming refund
5. Retrospective effect of Explanation (b) to Section 11B(5)
6. Contradictory objections regarding the return of goods
7. Duty payment on re-issued goods and refund eligibility
8. Admissibility of refund claim on initial duty payment
9. Merit-based rejection of the refund claim

Analysis:

1. The judgment deals with a situation where the registry assigned separate numbers to what was essentially a single appeal against Order-in-Appeal No. PKA/751/M-III and NGP/2001 dated 31-8-2001. The tribunal noted this discrepancy and dismissed the subsequent appeal E/3721/01-Mum as infructuous.

2. The appeal E/3663/01-Mum involved the refund of duty paid on returned goods under provisional assessment. The appellants brought back finished goods to their factory, previously cleared on provisional assessment basis, seeking a refund of the duty initially paid. The adjudicating authority held the claim ineligible under Rule 173L due to a subsequent duty payment and being time-barred.

3. The Commissioner (Appeals) allowed the refund claim, stating that in cases of provisional assessment, the limitation starts from the finalization of such assessment. The retrospective effect of Explanation (b) to Section 11B(5) was also discussed, clarifying the time limit for claiming refunds under provisional assessment.

4. The objections raised regarding the return of goods were deemed contradictory, with confusion over the application of Rule 173H and Rule 173L. The tribunal observed that the duty paid on re-issued goods was not demonstrably payable under any rule or section, making the subsequent duty payment refundable.

5. While the initial duty payment was deemed proper and in accordance with the law, the refund claim on this amount was rejected on merit. Therefore, the question of the claim's timeliness did not arise, as the rejection was based on the lack of eligibility for a refund on the initial duty payment.

6. Ultimately, the tribunal allowed the revenue appeal, setting aside the impugned order-in-appeal and affirming the rejection of the refund claim based on the initial duty payment.