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2005 (2) TMI 692 - AT - Central Excise
Issues: Refusal of refund claim due to failure to challenge assessment order
Analysis: The appeal before the Appellate Tribunal CESTAT, New Delhi involved a dispute regarding the rejection of a refund claim by the Commissioner (Appeals). The appellant, engaged in the manufacture of Aluminium Extruded products, was directed by the Revenue to include the value of bought out items like Glass and Hardware items in the assessable value of goods cleared by them. Subsequently, the appellant started paying duty by incorporating the value of these items in the assessable value of the final product. However, the appellant later filed a refund claim asserting that the value of bought out items should not be included in the assessable value of the goods they manufactured. The Revenue raised a preliminary objection, contending that since the appellants had been paying duty without protest and had not challenged the order of assessment directing the inclusion of bought out items in the assessable value, the refund was not maintainable. The Tribunal noted that the appellant had indeed not challenged the assessment order or the revenue's direction regarding the inclusion of bought out items in the assessable value. Citing a precedent from the Hon'ble Supreme Court in the case of CCE v. Flock (India) Pvt. Ltd., the Tribunal emphasized that the correctness of an assessment order cannot be questioned merely by filing a refund claim when a statutory appeal remedy is available under the Act. Consequently, the Tribunal upheld the Revenue's objection and dismissed the appeal, finding no merit in the appellant's contentions. In conclusion, the Tribunal's decision underscored the importance of challenging assessment orders through the appropriate statutory appeal process rather than solely relying on refund claims to contest the correctness of such orders. The judgment serves as a reminder of the legal principles governing the challenge of assessment orders and the limitations on seeking refunds in such circumstances.
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