2004 (6) TMI 449 - AT - Central Excise

Summary

Issues:
Challenge to rejection of refund appeal for interest paid by appellants.

Analysis:
The appellants challenged the rejection of their refund appeal for interest paid amounting to Rs. 16,890. They utilized Cenvat credit between 1st and 4th of subsequent months to pay duty for the second fortnight of June, July, August, and September 2000. The Superintendent of Central Excise requested them to pay the duty through PLA along with interest until the actual payment date. The appellants paid the duty and interest but faced rejection of their interest refund claim.

The appellants argued that Rule 173G(1)(c) and (d) do not mention Cenvat credit, and any short payment should invoke Sections 11A & 11AA. They relied on tribunal decisions and a high court judgment, but the Commissioner (Appeals) did not consider these. The Revenue contended that utilizing Cenvat credit from subsequent months for previous month's duty payment was impermissible under Rule 57AB(1)(b). They emphasized that the interest was paid correctly under Rule 173G(1)(d) and not under Section 11AA.

The Tribunal noted that the appellants indeed used Cenvat credit not yet accrued for duty payments, resulting in a short payment of Rs. 99,598. The Superintendent highlighted this, and the appellants paid the due amount with interest. Refund claims for Cenvat credit were approved, but the interest refund was denied. Rule 173G(1)(d) mandates interest payment for delayed duty payments, which the appellants complied with. The Tribunal clarified that the cases cited by the appellants were not applicable as interest was demanded under Rule 173G(1)(d) and not Section 11AA.

Considering Rule 173G(1)(d) provisions, the Tribunal upheld the lower authorities' decision to reject the interest refund claim. As no order under Section 11A(2) was issued, the interest was correctly paid under Rule 173G(1)(d). Consequently, the appeal challenging the interest refund denial was dismissed.