2011 (2) TMI 17 - AT - Central Excise

Application for Rectification of mistake - on the ground that no finding was recorded by the Tribunal on the question of the refund claims being hit by time bar, which was a relevant issue in the impugned orders passed by the Commissioner (Appeals) - time bar, not an issue and since the department has taken no other ground in the application for ROM, appeals may be allowed by way of remand for fresh decision in the light of the cited judgment of the Hon ble Supreme Court in the case of W.P.I.L. Ltd. Matter remanded

Summary

Issues involved: Refund claims rejected on the ground of time bar; Application for rectification of mistake regarding no finding on time bar issue; Appeals remanded for fresh decision based on Supreme Court judgment.

Analysis:
1. Refund claims rejected on the ground of time bar:
The appellants' appeals (E/539 & 540/03) were related to the rejection of refund claims by the authorities below on the basis of being time-barred. The advocate for the appellants acknowledged this issue and expressed no objection if these two appeals were rejected on the time bar ground. The Tribunal upheld the impugned orders in these two appeals, thereby rejecting them.

2. Application for rectification of mistake regarding no finding on time bar issue:
The department filed an application for rectification of mistake, pointing out that the Tribunal had not recorded any finding on the question of whether the refund claims were hit by the time bar, which was a crucial issue in the Commissioner (Appeals)'s orders. The Tribunal allowed the rectification application, leading to the appeals being taken up for a fresh decision.

3. Appeals remanded for fresh decision based on Supreme Court judgment:
In the remaining two appeals (E/549 & 550/03), where time bar was not an issue and no other grounds were raised by the department in the rectification application, the appeals were allowed by way of remand. The Tribunal set aside the impugned orders for these two appeals and directed that the matter be decided afresh by the original authority, considering the cited decision of the Hon'ble Supreme Court in the case of W.P.I.L. Ltd.

This judgment showcases the Tribunal's approach to addressing refund claims rejected on the basis of being time-barred, the significance of recording findings on relevant issues, and the impact of Supreme Court judgments on remanding cases for fresh decisions.