2006 (3) TMI 447 - AT - Central Excise

Summary

Issues:
1. Restoration of appeal for refund of central excise duty under Notification No. 47/94.

Analysis:
The case involved a miscellaneous application for the restoration of an appeal concerning the refund of central excise duty under Notification No. 47/94. The applicant, engaged in the manufacture of Diesel Oil Engine and Centrifugal Pump sets falling under Chapter 84, had applied for permission before the Assistant Commissioner of Central Excise. However, due to the Assistant Commissioner's inaction, the applicant procured the diesel oil engine by paying central excise duty for use in manufacturing centrifugal pumps intended for export. Subsequently, a refund claim was filed with the Deputy Commissioner of Central Excise, which was rejected on the grounds of ineligibility under Notification No. 47/94 and unjust enrichment. The Commissioner (Appeals) upheld this decision, leading to an appeal filed with the Tribunal.

The Tribunal initially dismissed the appeal on the basis that the issue pertained to the rebate of duty, not falling under its jurisdiction. However, the applicant contended that the issue was related to the refund of duty, citing precedents where similar cases were admitted by the Tribunal. The applicant argued that the matter was essentially about refund, not rebate, and sought restoration of the appeal.

Upon hearing both parties, the Tribunal found that the issue concerned the sanction of refund for duty paid on inputs used in manufacturing export products exempted under Notification No. 47/94. The Tribunal had previously admitted a similar case involving the applicant, clarifying that the matter was one of refund, not rebate. Consequently, the Tribunal ordered the appeals to be restored, emphasizing the distinction between rebate and refund in this context.

In conclusion, the Tribunal's decision to restore the appeal for the refund of central excise duty under Notification No. 47/94 was based on the clarification that the issue was not about rebate but refund, as established by precedents and the nature of the case involving the applicant's manufacturing activities and export products.