2007 (1) TMI 415 - AT - Central Excise

Summary

Issues Involved:
The issue involves whether un-utilised deposit in PLA can be refunded to the depositor and if such deposit is covered by Section 11B of the Central Excise Act, 1944.

Summary:

Issue 1: Refund of un-utilised deposit in PLA
The appellants had deposited Rs. 50,000 on 31-12-02 towards duty payable for excisable goods, with an un-utilised amount of Rs. 14,251 on 28-2-03. Their application for refund due to duty exemption on Tea & Tea Waste was denied. The appellant argued that un-utilised amount in PLA is refundable based on a Central Board of Excise & Customs instruction. Citing a previous case, the appellant contended that the order of the forum should prevail unless stayed or reversed by a higher court. The Tribunal agreed, emphasizing the importance of judicial discipline and upheld the appeal, stating that the issue is no longer res integra.

Decision:
Both appeals are allowed.