1985 (7) TMI 358 - Commissioner - Central Excise

Summary

Issues:
1. Rejection of refund claims on the grounds of being time-barred.
2. Interpretation of exemption notification 71/78 for refund claims.
3. Consideration of Government of India's decision in support of refund claims.
4. Calculation of period of limitation for refund claims.
5. Application of Section 11B for determining the relevant date for refund claims.

Analysis:

1. The appeal was filed due to the rejection of refund claims by the Assistant Collector on the basis of being time-barred. The appellant, a manufacturing company, claimed a refund of &8377; 20,764.45 for the period 1-10-78 to 31-3-79, which was received on 25-6-1979. A similar issue arose in another appeal where a refund claim of &8377; 58,263.40 was partially rejected by the Assistant Collector. Both appeals were decided together due to the similarity of the issues.

2. The appellants contended that their eligibility for exemption under notification 71/78 could only be computed at the close of the financial year, and the six-month period for claiming exemption should commence from the end of the financial year. The Collector Appeals found merit in the appellant's argument, stating that the total value of clearances to determine exemption eligibility could only be known at the close of the financial year.

3. The appellants relied on a decision of the Government of India in a similar case involving M/s. Santosh Biscuits Co. (Pvt) Ltd., Calcutta. The Collector Appeals noted that the Government of India's decision had not been reversed by higher authorities, thus upholding the relevance and validity of the decision in support of the appellant's refund claims.

4. The Collector Appeals referred to a decision by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, which determined that the period of limitation for refund should run from the date of approval of base clearance, not from the date of payment of duty. Applying this principle, the Collector Appeals concluded that in this case, the period of limitation for refund claims should be calculated from the end of the financial year when the total value of clearances is known.

5. In light of the above analysis, the Collector Appeals set aside the orders of the Assistant Collector rejecting the refund claims and directed full consequential relief by way of refund to the appellants. The decision clarified that the relevant date for calculating the period of limitation for refund claims should be the end of the financial year, as per Section 11B, rather than the date of actual payment of duty.

This comprehensive analysis of the judgment highlights the key issues, legal interpretations, and decisions made by the Collector Appeals in resolving the refund claims dispute.