2004 (12) TMI 406 - AT - Central Excise

Summary

Issues: Refund of duty on rejected consignments under Central Excise Rules.

In this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue involved was the refund of duty on rejected consignments under the Central Excise Rules. The appellants, who were manufacturers of Sensitive Chemical Products, received back goods from buyers due to quality issues, cleared them for re-manufacture, and filed refund claims for the original duty paid. The Show Cause Notice proposed to reject the claim on the grounds that goods can only be returned for refining or reconditioning, and the identity of the returned goods was not established. The lower authorities upheld the rejection, leading to the appeal.

The Tribunal found merit in the appellant's argument that the goods were returned under specific provisions of the Central Excise Rules, which did not require identification marks on the packages. The absence of such provisions under Rule 51 for invoices issued under Rule 52A supported the appellant's claim. The denial of refund based on lack of identification marks on the invoices was deemed unjustified. The Officer's remark about the verification of goods' identity based on package numbers was not sufficient to deny the refund in this case, amounting to Rs. 10,136.

Moreover, the Tribunal noted that the nature of the goods, along with collateral documents like lab test reports, Stores Officer records, and production reports, could have been verified by the officers. The relevant collateral records were not duly considered, and there were no valid reasons to doubt their authenticity. The reports provided ample evidence that the returned goods were indeed the same, warranting the refund of Rs. 10,136. Consequently, the Tribunal set aside the orders of the lower authorities and directed the refund to be processed in favor of the appellants.