2004 (8) TMI 580 - AT - Central Excise

Summary

Issues:
Claim for refund of unutilised credit balance for exported goods prior to issuance of Notification No. 6/97-C.E. (N.T.) filed after 1-3-1997.

Analysis:
The appeal was filed against the order-in-appeal passed by the Commissioner (Appeals) affirming the order-in-original of the adjudicating authority after the matter was remanded by the Tribunal. The main issue revolved around the entitlement of the appellants to claim a refund of the unutilised credit balance for picture tubes exported before the issuance of Notification No. 6/97-C.E. (N.T.) on 1-3-1997, even though the refund claim was lodged after this date.

Upon reviewing the facts and arguments from both sides, it was noted that the appellants exported picture tubes with available Modvat credit of Rs. 5,45,784/- and filed a refund claim on 19th March 1997 due to Budgetary changes introduced by the notification. The lower authorities rejected the claim citing its submission post-notification issuance. The Tribunal had initially upheld this view but later reversed it in the case of Samtel India Ltd. v. CCE, Jaipur, following an Apex Court judgment (2003 (155) E.L.T. 14 (S.C.)) stating that the refund could be claimed even if filed after 1-3-1997 for goods exported prior to that date.

The Commissioner (Appeals) did not adhere to the Apex Court's judgment, citing the Tribunal's earlier contradictory stance in the appellants' case. However, it was emphasized that the Tribunal's previous decision did not reject the refund claim but remanded it for fresh consideration. The legal principle was reiterated that judgments of the Apex Court on specific issues are binding on all subordinate authorities, necessitating compliance. Therefore, the Commissioner (Appeals) was obligated to follow the Apex Court's ruling and could not disregard it in disallowing the refund claim.

In light of the Apex Court's judgment, the appellants were deemed entitled to the refund despite filing post-notification issuance, given that the goods were exported before that date. Consequently, the impugned order of the Commissioner (Appeals) was overturned, and the appellants' appeal was allowed, with any consequential relief permissible under the law granted.