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2004 (4) TMI 501 - AT - Central Excise
Issues:
1. Consideration of provisional assessment and unjust enrichment by the Commissioner (Appeals). 2. Appeal against transferring the amount to the Consumer Welfare Fund under Section 11B of the Central Excise Act. 3. Direction from the Hon'ble High Court of Rajasthan regarding the transfer of Excise Duty amount. Analysis: 1. The judgment involves the consideration of the appellant's case regarding provisional assessment and unjust enrichment, which the Commissioner (Appeals) failed to adequately address. The appellant's counsel highlighted the importance of these aspects until the appeal is resolved. The Hon'ble High Court of Rajasthan had previously ruled in favor of the appellant, allowing them to withdraw a Writ Petition and pursue the appeal before the appellate authority. The High Court directed that the Excise Duty amount should not be transferred to the Consumer Welfare Fund under Section 11B of the Central Excise Act until the appeal's outcome is known. 2. The Tribunal, after careful consideration, adopted the course directed by the Hon'ble High Court and instructed the respondent not to transfer the fund to the Consumer Welfare Fund under Section 11B of the Central Excise Act until the pending appeal before the Tribunal is conclusively decided. This decision aligns with the principles of fairness and justice, ensuring that the appellant's rights are protected during the appellate process. 3. The judgment reflects a harmonious approach between the directives of the High Court and the Tribunal, ensuring that the Excise Duty amount remains untouched until the final resolution of the appeal. By adhering to the High Court's direction and maintaining the status quo regarding the fund transfer, the Tribunal upholds the rule of law and safeguards the appellant's interests until a definitive decision is reached. The coordination between the judicial bodies in this matter showcases a coherent legal process aimed at preserving the rights of the parties involved.
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