2008 (2) TMI 664 - AT - Central Excise

Summary

Issues:
Refund claims rejection based on mismatch of cheque numbers in refund receipts and bank realization certificate.

Analysis:
The case involved 32 refund claims filed by the respondents for cars registered as taxis, subject to specific conditions. The Deputy Commissioner rejected the claims citing discrepancies in the bank realization certificate and cheque numbers. However, the Commissioner (Appeals) overturned this decision, emphasizing that the Notification did not mandate the submission of bank realization certificates. The Commissioner referred to a Board's Circular stating that proof of payment of differential duty suffices for refund claims. The Revenue challenged this decision, arguing that the Circular did not apply and highlighting the mismatch in cheque numbers as a basis for denial of refund.

The respondents' advocate argued that an affidavit from the customer confirming receipt of the refund should be sufficient, especially since a similar situation in the past resulted in a favorable decision by the Commissioner (Appeals). The advocate contended that without a specific requirement for bank realization certificates in the Notification, denial of refund solely based on this document was unjustified.

Upon review, the judge found that the Revenue's main objection centered on the discrepancy in cheque numbers between refund receipts and the bank realization certificate. The respondents clarified that the cheque numbers in the receipts were issued to the dealer, while those in the certificate were issued by the dealer to customers, explaining the mismatch. Additionally, customers had submitted affidavits confirming receipt of refunds from the dealers. The judge concluded that the conditions outlined in the Notification for claiming refunds had been met, thus rejecting the Revenue's appeal and upholding the Commissioner (Appeals) decision. The Cross Objection in support of the order-in-appeal was also disposed of accordingly.