2009 (1) TMI 652 - AT - Central Excise

Summary

Issues involved: Refund of cash security, adjustment against arrears, remand for speaking order.

Refund of cash security: The appellant obtained permission for storage of non-duty paid sugar and furnished cash security. Upon clearance of the sugar, they sought a refund of the cash security. The Asstt. Commissioner ordered the refund but deducted an amount due from the appellant for storing non-duty paid molasses without permission. The Commissioner (Appeals) set aside the order for lack of details on arrears and remanded the matter for a speaking order. The appellant appealed for the refund of the balance security amount.

Adjustment against arrears: The appellant argued, citing a Tribunal judgment, that amounts pending as arrears cannot be adjusted against the refund if the appeal against the duty confirmation is pending. The appellant contended that the amounts mentioned as due were not arrears, and the status of the molasses clearance was unknown. The appellant requested the Asstt. Commissioner to decide the matter in line with the Tribunal's judgment and the Commissioner (Appeals)'s directions.

Remand for speaking order: The Asstt. Commissioner had adjusted a portion of the refund against alleged arrears without providing a detailed explanation. The Tribunal clarified that mere communication from the Range Officer does not constitute arrears, especially when no personal hearing was granted. The Tribunal directed the Asstt. Commissioner to decide the matter within three months from the date of the order, emphasizing that the deducted amount cannot be considered arrears. The appeal was disposed of accordingly.