2009 (1) TMI 607 - AT - Central Excise

Summary

Issues:
1. Refund claim rejection by original adjudicating authority.
2. Commissioner (Appeals) decision on refund eligibility.
3. Assistant Commissioner's re-determination of refund amount.
4. Challenge of Assistant Commissioner's order before Commissioner (Appeals).
5. Commissioner (Appeals) decision on Assistant Commissioner's order.
6. Appeal by revenue against Commissioner (Appeals) order.
7. Tribunal's previous order reminding matter back to original adjudicating authority.
8. Infructuous nature of present appeal due to Tribunal's remand order.

Analysis:
1. The respondents initially filed a refund claim of Rs. 12,61,982/-, which was rejected by the original adjudicating authority. However, on appeal, the Commissioner (Appeals) ruled in favor of the respondents, stating their eligibility for the refund claim.

2. Subsequently, the jurisdictional Assistant Commissioner re-determined the refund amount to Rs. 7,61,174/- based on a report, which was challenged by the respondents before the Commissioner (Appeals). The Commissioner (Appeals) held that the Assistant Commissioner had no authority to review the appellate authority's decision and should have sanctioned the refund as determined by the appellate authority without challenging it before the Tribunal.

3. The revenue appealed against the Commissioner (Appeals) order, arguing that the Tribunal's previous decision had remanded the matter back to the original adjudicating authority for verifying the correct refund amount based on the origin of raw materials. The revenue contended that since the matter was remanded for fresh decision, the appeal against the Commissioner (Appeals) order had become infructuous.

4. Considering the Tribunal's remand order requiring the original adjudicating authority to determine the correct refund amount, the present appeal was deemed infructuous. As the cause of action needed fresh determination, the Commissioner (Appeals) order was set aside, and the revenue's appeal was allowed. The Tribunal clarified that while initially the appeal seemed infructuous, ultimately, the only decision possible was to allow the revenue's appeal.

This detailed analysis covers the issues related to the rejection of the refund claim, decisions by the Commissioner (Appeals) and Assistant Commissioner, challenges before the Tribunal, and the impact of the Tribunal's remand order on the present appeal's outcome.