2010 (6) TMI 761 - AT - Central Excise

Summary

Issues involved: Adjustment of excess duty paid, credit of refund amount to consumer welfare fund.

Adjustment of excess duty paid:
The Commissioner (Appeals) set aside the adjudication order adjusting an amount against confirmed demand. The Tribunal referred to the decision in Asian Paints Ltd. Vs. CCE, Mumbai, which held that excess duty paid is to be adjusted against duty short-paid, and then the net difference is to be demanded or refunded. The Tribunal held that adjustment is permissible in law based on this precedent.

Credit of refund amount to consumer welfare fund:
The Tribunal considered the issuance of credit notes by the assessees after the duty incidence. Citing the decision of the Hon'ble Rajasthan High Court in Union of India Vs. A.K. Spintex Ltd., it was held that refund is admissible to the assessees when the excise duty incidence has not been passed on to the purchaser through credit notes. Following this precedent, the Tribunal concluded that the assessees are entitled to the refund amount in question.

In conclusion, the Tribunal set aside the impugned order and allowed the appeal based on the findings related to the adjustment of excess duty paid and the credit of the refund amount to the consumer welfare fund.