2011 (3) TMI 1273 - HC - Central Excise

Refund - dept. seek to enforce the bond - Held that - Since refund claim proceedings are pending with the Assistant Commissioner in two rounds of litigations the Tribunal had already set-aside the demand of excise duty against the petitioners the refund claim should be processed expeditiously without any further delay. As consedring the case of the petitioners that they are not aware of such bond; if any given the Department must point out the reason why they seek to enforce the bond- directions for Respondents to supply copy of the bonds or such other documents; as may be available with them with respect to such bonds within four weeks from today upon receipt of which it would be open for the petitioners to file additional reply within four weeks thereafter.

Summary

Issues:
Refund claim sanctioning and appropriation against government dues.

Analysis:
The petitioners disputed a duty demand made by the Department towards Excise duty, which was decided by the CEGAT in their favor. Pursuant to the order, the petitioners demanded a refund of Rs. 17,34,292/-, which was deposited under protest. However, the Competent Authority sanctioned the refund but ordered its appropriation against government dues of Rs. 18,06,554/- as the bond amount was not paid by the petitioners. The Tribunal later observed that the duty demand arose due to failure to account for polyester staple fiber procured without payment of duty, and directed the original adjudicating authority to provide details of the bonds enforced to the appellants.

The petitioners, dissatisfied with the Tribunal's failure to decide the refund claim issue, filed for rectification, leading to an order directing the adjudicating authority to decide the appropriation issue afresh. Despite this, the authorities were delaying the refund process, requesting the petitioners to remain present for personal hearing without providing details and copies of the bonds. The respondents contended that the petitioners were liable to pay the bond amount of Rs. 18,06,554/-. The High Court noted that the Tribunal had already set aside the excise duty demand against the petitioners in two rounds of litigations, emphasizing the need for expeditious processing of the refund claim without further delay.

The High Court directed the respondents to supply copies of the bonds or relevant documents within four weeks, allowing the petitioners to file additional replies and contentions. After this stage, the Assistant Commissioner was instructed to fix a date for a personal hearing, ensuring the proceedings are concluded expeditiously and in accordance with the law, preferably within four months. The Court refrained from making observations on the rival contentions, trusting the Assistant Commissioner to process the request in line with previous Tribunal orders.