2009 (12) TMI 758 - AT - Central Excise

Summary

Issues involved: Determination of eligibility for refund of duty paid on waste and scrap arising during the manufacturing process u/s Central Excise Tariff Act, 1985.

Summary:
The Appellate Tribunal CESTAT AHMEDABAD considered the case where the appellants, engaged in the manufacture of paper roll, were facing show cause notices for clearing waste and scrap without duty payment. The Tribunal had earlier ruled in favor of the appellants. However, the Commissioner (Appeals) disallowed a portion of the refund claim for the financial year 2000-2001, citing provisions made in the books of account. The advocate for the appellants argued that no duty amount was collected, supported by a Chartered Accountant certificate and invoices without separate duty collection. The Department relied on the concept of unjust enrichment even if duty was paid post-show cause notice. The Tribunal found that no duty was collected at the time of sale, and provision for the earlier period was made in the subsequent year. The Tribunal distinguished previous cases cited by the Commissioner (Appeals) and the Department, emphasizing that making a provision in the balance sheet alone does not establish unjust enrichment. The appeal was allowed, as the Department failed to provide sufficient grounds for rejecting the refund claim for the year 2000-2001.

Separate Judgment: None.