2005 (9) TMI 529 - AT - Central Excise

Summary

Issues: Implementation of refund order by lower appellate authority and appropriation of refund amount by the department without following due process.

Analysis:
1. The appellants appealed against the lower appellate authority's decision regarding the refund claim. The Commissioner of Customs passed an order allowing the refund subject to the provisions of the Customs Act. The Assistant Commissioner partly allowed the refund claim but disallowed a portion due to time-bar issues. The Commissioner (Appeals) later allowed a refund of Rs. 4,52,735 to the assessee. However, only Rs. 3,70,922 was refunded, with the shortfall attributed to the department's appropriation of an amount allegedly due from the assessee related to an earlier import.

2. The appellants argued that the department had not raised any demand in accordance with the law regarding the alleged amount due from the earlier import. The department contended that the Tribunal's order had been implemented through the Commissioner (Appeals) order, rendering the Tribunal functus officio in the matter.

3. The Tribunal acknowledged the factual sympathy towards the appellants but stated their helplessness in the situation. The remand order was acted upon by the adjudicating authority, leading to the Commissioner (Appeals) order for the refund. The department had directly appropriated the alleged due amount without following legal procedures. The Tribunal clarified that the appellants' grievance was against the non-implementation of the Commissioner (Appeals) order, not the Tribunal's order. Consequently, the Tribunal rejected the application, citing their functus officio status in the matter.