2006 (10) TMI 297 - AT - Central Excise

Summary

Issues involved: Appeal against rejection of refund claim u/s Rule 233B of Central Excise Rules, 1944 without proper hearing and consideration of cash discount claim.

Summary:
The appeal was filed against the Commissioner (Appeals) order upholding the rejection of the refund claim of Rs. 2,43,207/- by the original authority. The Commissioner (Appeals) had allowed the appellant's claim for a cash discount at the rate of 4.953%, leading to the refund claim. However, the Appellate Commissioner cited Rule 233B of the Central Excise Rules, 1944 as the basis for rejecting the refund claim, stating that the invoices were not endorsed with the mark 'Under Protest'.

The appellant argued that the refund claim was dismissed on flimsy grounds, highlighting that the duty was paid under protest and the necessary procedures were followed. It was contended that the Assistant Commissioner rejected the claim without issuing a notice for a personal hearing, thereby violating principles of natural justice. The appellant emphasized that the order of the Commissioner (Appeals) was not challenged by the Revenue, entitling them to claim the refund.

The Tribunal found that the Appellate Commissioner erred in invoking Rule 233B while deciding the refund claim based on the Commissioner (Appeals) order. It was noted that the Assistant Commissioner failed to provide a proper hearing to the appellant, violating principles of natural justice. Consequently, the impugned order was set aside, and the matter was remanded to the original authority for a fresh consideration of the refund claim after hearing the parties. The appeal was allowed with a direction for the original authority to promptly reevaluate and decide the refund claim in accordance with the law.