1984 (3) TMI 413 - AT - Central Excise

Summary

Issues:
1. Refund claim rejected by the Asstt. Collector under rule 173L(i)(ii) of Central Excise Rules, 1944.
2. Interpretation of rule 173L pertaining to refund of duty on returned goods.
3. Compliance with the provisions of rule 173L for refund claims.
4. Arguments regarding destruction of goods not covered under rule 173L.
5. Appeal filed by the Revenue against the order passed by the Collector (Appeals).

Analysis:
The case involves an appeal by the Collector of Central Excise, Calcutta against an order rejecting a refund claim by M/s. Hind Tin Industries for returned goods under rule 173L(i)(ii) of Central Excise Rules, 1944. The respondent had received back a portion of the dispatched goods and filed a refund application, which was rejected for non-compliance with the rule. The Collector (Appeals) had accepted the respondent's appeal, leading to the Revenue's appeal before the Appellate Tribunal CEGAT CALCUTTA.

During the proceedings, the learned Consultant for the respondent confirmed no intention to file any Cross Objection. The Revenue argued that the destruction of goods is not covered under rule 173L, citing relevant case law and government decisions. On the other hand, the respondent contended that the returned goods were duly accounted for and correlated, emphasizing compliance with the time frame for information submission under the rule.

After considering the arguments and examining the provisions of rule 173L, the Appellate Tribunal held that destruction of goods is not covered by the rule, which specifically pertains to refund on goods returned for processing in the factory. The Tribunal highlighted the requirement for timely information submission within 24 hours of re-entry, emphasizing that destruction is not a circumstance covered by the rule or any corresponding provision in the Central Excises and Salt Act, 1944 and Central Excise Rules, 1944.

Consequently, the appeal filed by the Revenue was accepted, and the order passed by the Collector (Appeals) was quashed. The Tribunal ruled in favor of the Revenue, upholding the rejection of the refund claim by the Asstt. Collector based on the inapplicability of rule 173L to the destruction of goods.