2004 (3) TMI 586 - AT - Central Excise

Issues Involved:
1. Refund claim under Rule 173L of the Central Excise Rules, 1944.
2. Statutory period for return of goods to the factory.
3. Compliance with procedural requirements for refund claims.
4. Interpretation and application of Rule 173L and Section 11B of the Central Excise Act, 1944.

Detailed Analysis:

1. Refund Claim under Rule 173L of the Central Excise Rules, 1944:
The appellant-assessee filed a refund claim for Rs. 62,772/- under Rule 173L of the CE Rules, 1944, read with Section 11B of the Central Excise Act, 1944. The claim was for the duty paid on yarn received back into their factory for doubling purposes. The lower adjudicating authority rejected a portion of this claim (Rs. 29,940/-) as unsustainable under Rule 173L, which was upheld by the Commissioner (Appeals).

2. Statutory Period for Return of Goods to the Factory:
Rule 173L(1) mandates that goods must be returned to the factory within one year of the date of payment of duty. In this case, the goods cleared between 24-3-1995 to 31-3-1995 were received back on 17-4-1996, beyond the statutory period of one year. The refund claim for Rs. 29,940/- was thus considered ineligible as it did not meet the time frame stipulated by Rule 173L(1).

3. Compliance with Procedural Requirements for Refund Claims:
The appellant contended that they had requested permission to receive the duty-paid goods back into their factory within the one-year period via a letter dated 29-2-1996. They argued that they did not receive any objection from the Superintendent of Central Excise, Erode - II Range, and thus proceeded to receive the goods on 17-4-1996. However, the Commissioner (Appeals) noted that the appellant did not obtain explicit permission from the Proper Officer (Deputy Commissioner) to extend the period beyond one year, which is a requirement under Rule 173L(1).

4. Interpretation and Application of Rule 173L and Section 11B of the Central Excise Act, 1944:
The Tribunal emphasized that Rule 173L(1) and 173L(3) clearly stipulate the conditions under which a refund can be granted, including the mandatory one-year period for the return of goods. The Tribunal cited precedents, including the Hon'ble High Court of Gujarat in M/s. Alembic Glass Ind. Ltd. v. Union of India and the CEGAT WRB, Bombay in Jyothi Ltd. v. CCE, which reinforced that departmental authorities are bound by statutory provisions and that refunds under Rule 173L are not permissible if conditions are not satisfied.

Conclusion:
The Tribunal upheld the decision of the Commissioner (Appeals) to reject the refund claim of Rs. 29,940/- as it was not sustainable under Rule 173L due to the goods being received beyond the mandatory one-year period. The appellant's argument that they were under the impression that permission was granted was not legally sustainable. The Tribunal concluded that there was no infirmity in the orders of the lower authority, and the appeal filed by the appellant-assessee was rejected.

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