2004 (9) TMI 438 - AT - Central Excise

Summary

Issues:
Appropriation of refund amount towards Government dues against the Appellant.

Analysis:
The appeal was filed against the Order-in-Appeal upholding the appropriation of the refund amount towards Government dues. The demand of Rs. 6,72,154.16 was confirmed under Order-in-Original No. 140/95, and the Tribunal had earlier directed the deposit of Rs. 3 lakhs. Subsequently, the matter was remanded for de novo adjudication. The Appellants then filed a refund claim for Rs. 3 lakhs, which was sanctioned and appropriated against the arrears pending realization. The Appellants argued that their appeal against the arrears was pending before the Appellate Tribunal with a stay order against recovery. However, the Tribunal found that the stay order had become inoperative due to statutory provisions, and the amount was appropriated under Section 11 of the Central Excise Act without any stay in place. The Tribunal noted that the appeal against the dues was still pending, but as of the date of appropriation, no stay had been granted by any Appellate Authority. Consequently, the impugned Order was upheld, and the appeal was rejected.

This case involved the issue of appropriation of a refund amount towards Government dues against the Appellant. The Tribunal considered the submissions from both sides and found that the Appellants had pending dues of Rs. 4,43,185, with a stay order against recovery that had become inoperative. Despite the Appellants' application for an extension of the stay, the amount was appropriated under the Central Excise Act without a stay in effect. The Tribunal emphasized that at the time of appropriation, there was no stay granted by any Appellate Authority, and thus, upheld the Order-in-Appeal. The appeal was consequently rejected based on these findings.