2011 (1) TMI 286 - AT - Central Excise

Refund claim - original authority levying the service tax and the same has been settled in their favour by order of the Commissioner (Appeals) dated 28.4.2006 - thereafter on 26.6.06, the appellants have filed the refund claim - 26.6.06 is the date on which the appellants filed the claim pursuant to favourable order of the Commissioner (Appeals) - original authority held that a sum of Rs.1,24,653/- relating to period prior to 1.11.04 is time barred - claim relating to period prior to 1.11.04 is hit by time bar cannot be upheld - refund to be allowed.

Summary

Issues:
1. Dispute over liability to pay Service Tax on repairing and maintenance of gas cylinders.
2. Refund claim rejection by original authority.
3. Time-barred refund claim.
4. Unjust enrichment issue.
5. Date of filing the refund claim.
6. Evidence submission for unjust enrichment.

Analysis:
1. The appeal concerned a dispute regarding the liability to pay Service Tax on the activities of repairing and maintenance of gas cylinders for a specific period. The Commissioner (Appeals) had previously ruled in favor of the appellants, stating they were not liable to pay service tax for the mentioned activities.

2. The original authority rejected the refund claim filed by the appellants, leading to the appeal. The refund claim was related to the amounts paid during a specific period, and the original authority allowed a partial refund but directed the remaining amount to be deposited in the Consumer Welfare Fund due to failure to prove that the duty element was not passed on to consumers.

3. The issue of the time-barred refund claim arose as the original authority deemed a portion of the claim as time-barred. The appellants argued that the claim should be considered as filed on an earlier date, challenging the decision of the authorities below.

4. The concept of unjust enrichment was raised, with the appellants presenting evidence, including a letter from a customer and a Chartered Accountant's certificate, to support their claim that the tax burden was not passed on to consumers. However, questions were raised about the basis of the certificate and the consideration of other customers in the assessment.

5. The date of filing the refund claim was a crucial point of contention. The Tribunal determined that the claim should be considered as filed on an earlier date than what was previously determined, impacting the decision on the time-barred aspect of the claim.

6. Regarding the evidence submitted for unjust enrichment, the Tribunal found that further clarification and evidence were necessary, especially concerning other customers and the basis of the Chartered Accountant's certificate. The appellants were given an opportunity to provide additional evidence within a specified timeframe for reconsideration of the unjust enrichment issue.

In conclusion, the Tribunal made decisions regarding the filing date of the refund claim and directed a reassessment of the time-barred aspect and unjust enrichment issue, emphasizing the need for additional evidence and a fair hearing for the appellants.