2004 (12) TMI 528 - AT - Central Excise

Summary

Issues:
Challenge to Commissioner (Appeals) order on refund claim for excess duty paid due to retrospective price reduction without establishing duty pass-through to buyer.

Analysis:
In these two appeals, the appellants contested the Commissioner (Appeals) order after reducing prices of supplied medicines to the Government of Rajasthan retrospectively. The appellants sought a refund for the excess duty paid at clearance due to the higher initial prices. The lower authorities rejected the refund claim as the duty pass-through to the buyer was not proven. The appellants' representative cited the Tribunal's decision in ONGC v. CCE for support. On the other hand, the Revenue's representative argued that the appellants changed prices without contractual provisions, emphasizing the need to challenge the assessment order first. The Revenue relied on Supreme Court decisions in CCE v. Flock (India) Pvt. Ltd. and Priya Blue Industries Ltd. v. CC (Preventive) to support their stance that refund claims contrary to assessment orders are not maintainable without modification through appeal. Additionally, the Revenue referred to the Tribunal's decision in Jindal Strips Ltd. v. CCE, Rohtak, and the Supreme Court's decision in MRF Ltd. v. CCE, Madras to assert that duty payment liability remains unaffected by subsequent price reductions without a prior agreement for refund.

Upon review, it was noted that there was no price variation clause in the agreement between the appellants and the Rajasthan Government for medicine supply. The appellants paid duty as per the original prices during clearance but later reduced prices retrospectively, leading to a refund claim without modifying the price declaration or challenging the assessment. The Commissioner (Appeals) relied on the Supreme Court's decision in MRF Ltd. v. CCE, Madras, emphasizing that duty liability is established at the time of goods clearance based on the declared classification and price. The Commissioner (Appeals) deemed the denial of the refund claim by the adjudicating authority as appropriate. The Tribunal's decision in ONGC v. CCE was deemed inapplicable as the present case involved a retrospective price reduction without contractual provisions, unlike the mistaken duty payment scenario in ONGC's case.

Ultimately, it was concluded that the Commissioner (Appeals) decision was legally sound. Both appeals were dismissed as lacking merit based on the absence of contractual clauses allowing retrospective price adjustments.