2009 (1) TMI 571 - AT - Central Excise

Summary

Issues involved: Refund of duty paid by a job worker to the principal due to decrease in price, applicability of Jurisdictional High Court judgment, entitlement of the appellant to refund.

Summary:

Issue 1: Applicability of Jurisdictional High Court judgment
The appellant, a job worker, sought refund of duty paid on goods manufactured for the principal due to a decrease in price. The Counsel relied on a judgment by the Hon'ble High Court of Rajasthan in a similar case. The Tribunal noted that the appellant issued credit notes to the principal, indicating a decrease in price, leading to a duty liability suffered by the appellant. The Tribunal found that the Appellate Authority did not consider the High Court judgment and directed a thorough examination of the facts to determine if a refund is warranted, considering the methodology adopted and relevant legal decisions.

Issue 2: Entitlement to refund
The Department argued that the appellant was not entitled to a refund as the duty paid was passed on to customers at the time of goods clearance. However, the Tribunal observed that the goods were returned to the principal, and the credit notes indicated a financial impact on the appellant. The Tribunal directed the Adjudicating Authority to provide a reasonable opportunity for the appellant to present their case and examine the legitimacy of the credit notes, the methodology for obtaining less amount from the principal, and the potential for a refund based on the High Court judgment and applicable legal precedents.

In conclusion, the Tribunal remanded the matter to the Adjudicating Authority for a detailed examination and disposal by the end of March 2009, emphasizing the need for a thorough analysis of the facts and legal principles to bring the dispute to a resolution.