2007 (7) TMI 490 - AT - Central Excise

Summary

Issues involved: Appeal against order-in-appeal regarding refund amount and Section 11B provisions.

Issue 1 - Refund claim and Section 11B provisions:
The case involved a dispute over the refund of duty paid in excess due to reduced prices of final products. The Commissioner (Appeals) allowed the refund claim, considering the date of reversal of Modvat credit by customers as the relevant date for Section 11B provisions. The Commissioner also deemed the reduction in price as the relevant date for filing the refund application. The interpretation of Section 11B and Clause (f) of Explanation B to Section 11B was crucial, as highlighted in a previous case by the Hon'ble High Court of Gujarat. The High Court's decision emphasized that the limitation for refund application starts from the discovery of mutual mistake, not the date of credit reversal. The Revenue's appeal to the Supreme Court was dismissed, affirming the High Court's ruling.

Conclusion:
The Appellate Tribunal upheld the Commissioner (Appeals)'s reasoning, stating that it was correct and did not warrant any interference. Consequently, the appeals by the revenue were rejected, affirming the order-in-appeal in favor of the respondent.