2011 (7) TMI 760 - AT - Central Excise

Refund - Notification 33/99-C.E., dated 8-7-1999 - Rejection of claim under notification - whether the appellant is required to file statement of account as stipulated in the Notification No. 33/99 for filing refund of the amount paid by them through PLA of the of the 7th subsequent month or can claim the same benefit subsequently - Held that the grounds taken by Revenue do not meet the instructions of C.B.E. & C. on the subject - Held that the order of the ld. Commissioner (Appeals) is balanced and has correctly appreciated the fact that no formal application for refund under Section 11AB was required to be filed and the refunds were to be determined by the ld. Assistant Commissioner of Central Excise passed on the monthly returns filed which Is the stipulations of the notification - Appeal is allowed

Summary

Issues:
Challenge against rejection of refund claim under Notification 33/99-C.E. for duty paid through PLA during July 1999 to March 2003.

Analysis:
The appeal was made against the Order-in-Appeal rejecting the refund claim under Notification 33/99-C.E. The appellants claimed the benefit of area-based exemption under the said Notification for duty paid through PLA from July 1999 to March 2003. The adjudicating authority found the appellants eligible for the benefit as they met the production capacity expansion requirement. However, the Revenue appealed, and the Commissioner (Appeals) upheld the eligibility but rejected the refund claim due to a procedural issue of not filing the duty statement by the stipulated date.

The main issue was whether the appellants were required to file the duty statement by the stipulated date for claiming a refund or if they could claim the benefit subsequently. The Commissioner (Appeals) emphasized the procedural requirement of filing the statement by the stipulated date, linking it to the eligibility for the benefit under Notification 33/99. The appellants argued that they had filed RT-12 Returns indicating the claim for the benefit, citing precedents to support their case.

The Tribunal found no dispute regarding the appellants' eligibility for the benefit under Notification 33/99. It noted the Commissioner (Appeals) mentioning the procedural requirement of filing a separate statement of duty paid before the 7th subsequent month, only if the RT-12 already shows duty payment and eligibility. The Tribunal referred to a previous case where it was held that filing the statement was a procedural requirement, and the eligibility being established sufficed. The Tribunal upheld the appellants' argument based on this precedent.

Referring to a High Court order and a Circular, the Tribunal rejected the Revenue's grounds against the Commissioner (Appeals) decision. It emphasized that no formal application for refund was required under Section 11AB, and the refunds were to be determined based on monthly returns as per the notification. The Tribunal concluded that the appellants, having complied with the notification's requirements, could not be denied their due claims. The appeal was allowed, setting aside the rejection of the refund claim, granting the appellants relief.

In conclusion, the Tribunal's decision favored the appellants, emphasizing the procedural nature of filing the duty statement by the stipulated date under Notification 33/99 for claiming a refund. The Tribunal relied on precedents and legal interpretations to support its decision, ultimately allowing the appeal and granting relief to the appellants.