2009 (11) TMI 807 - AT - Central Excise

Summary

Issues: Rectification of mistake in recording facts, Refund claim time-barred, Re-credit of erroneously reverse Cenvat credit, Challenge of order grounds, Legal requirements for refund claim

In the present case, the appellant filed an application for rectification of mistake, claiming that the Tribunal did not record the correct facts of the case. The appellant argued that they did not file a refund claim but applied for re-credit of erroneously reverse Cenvat credit. They contended that the appeal should be heard afresh as the Tribunal did not consider this aspect while passing the order. On the other hand, the respondent, represented by the learned SDR, maintained that the order was legal and proper. They pointed out that the refund claim for the period from December 1999 to February 2002, filed on 9th October 2006, was time-barred. The respondent cited the case of BDH Industries Ltd. v. Commissioner of C.Ex. (Appeals), Mumbai-I to highlight that all types of refunds must be filed under Section 11B of the Central Excise Act, and no suo motu refund can be claimed without the department's satisfaction that the duty incidence has been passed on. The respondent argued that the appellant failed to challenge the impugned order on the grounds related to re-credit of Cenvat credit, as required by legal standards.

Upon hearing both parties, the Tribunal found that the applicant did not challenge the order on the grounds mentioned in the rectification application, and therefore, those grounds cannot be considered at this stage. The Tribunal noted that the applicant failed to establish any mistake on the merits of the order. Consequently, the application for rectification of mistake was rejected. The Tribunal's decision was based on a thorough consideration of the submissions made by both parties, ultimately upholding the legal requirements for refund claims and the specific grounds on which challenges to orders must be based.