2005 (11) TMI 338 - AT - Central Excise

Summary

Issues:
Refund claim under Sections 11AB and 11BB of the Central Excise Act.

Analysis:
The appeal was filed against the Order-in-Appeal passed by the Commissioner (Appeals) which upheld the Order-in-Original denying a refund claim of Rs. 2,65,700 made by the appellants under Sections 11AB and 11BB of the Central Excise Act. The appellants sought a refund for bank interest debited to their account by their Bankers for a specific period against the Bank Guarantee furnished by them to the Commissioner of Central Excise, Mumbai. The contention was that they were deprived of utilizing their legitimate amount for approximately nine years due to the margin money retained by their bankers. The appellants argued that the CESTAT order granting consequential relief covered their present refund claim for bank charges paid by them, thus entitling them to the refund.

The ld. SDR representing the Respondent opined that the refund claim should be rejected as it did not fall under the provisions of Sections 11B and 11BB of the Central Excise Act. Upon examination of the case records and hearing both sides, the judge acknowledged that the expression "consequential relief" used in the Tribunal's order might have been stretched by the appellants. However, the judge recognized the point in their claim, emphasizing the need for mechanisms to address genuine grievances of taxpayers within the legal framework. Despite the global perspective, the judge rejected the appeal, emphasizing the importance of local actions in the context of developing a world-class tax system in the future.