2007 (1) TMI 395 - AT - Central Excise

Summary

Issues:
1. Calculation of value of products for classification under Chapter 49 for SSI Notification 175/86 eligibility.
2. Entitlement to interest on refunded amount of Rs. 10 lakhs.

Analysis:
1. The Tribunal initially remanded the proceedings to the Commissioner to calculate the value of products classified under Chapter 49 and deduct it from the computation for determining the eligible values of clearance for availing SSI Notification 175/86. The Commissioner found that the total value of clearances of the units in question was within the exemption limit for the respective financial years. Consequently, the show cause notice was deemed unsustainable, and the proceedings against the units were dropped. The amount of Rs. 10,00,000 deposited by one of the units was ordered to be returned, and it was refunded to the applicants.

2. The applicants sought interest on the refunded amount, claiming entitlement after three months from the Tribunal's order. However, the Tribunal clarified that its initial order did not grant any relief of refund but remanded the issue for further determination. The refund was sanctioned only after the Commissioner's order of 18-4-2000, within three months of which the refund was paid. The applicants' plea for interest was rejected as there was no delay in the refund payment. The applicants' reliance on a Board's circular was deemed misplaced as it did not stipulate a three-month payment timeline in cases of remand for fresh adjudication.

In conclusion, the Tribunal held that the applicants did not establish a case for entitlement to interest on the refunded amount and dismissed the application accordingly.