2007 (7) TMI 55 - AT - Central Excise

Refund Department contended that respondent is not entitle for refund of the excise duty on the ground that the Notification No. 74/93-C.E. not applicable Held that Department contention was not correct and allowed the refund claim to the respondent

Summary

Issues involved: Refund of excise duty on poles manufactured and used for electrification work in rural areas.

Analysis:
The appeal pertains to a dispute regarding the refund of excise duty paid by the respondents on poles manufactured and utilized by them for electrification work in rural areas. The Department contended that a specific notification was not applicable, but the issue was settled by the Hon'ble Supreme Court in a previous case. The Commissioner (Appeals) had earlier ruled in favor of the respondents, and the Revenue did not appeal against this decision. The refund claim was rejected by the adjudicating authority, but the Commissioner (Appeals) allowed the claim by setting aside the adjudication order. The Commissioner (Appeals) concluded that since the poles were not sold to others and were only used by the manufacturing factory, there was no passing on of the duty incidence to customers. The Commissioner (Appeals) also noted that the service/supervision charges were higher than the cost price, indicating that duty incidence was not passed on to customers. Additionally, the Commissioner (Appeals) highlighted that the transfer of ownership did not occur under certain schemes, thus ruling out the passing on of duty incidence. The Commissioner (Appeals) further emphasized that the refund claim should not be rejected for poles used in schemes other than those mentioned. The alleged non-submission of relevant papers by the appellant was deemed untenable as all duty-paying documents had been submitted along with the RT-12 returns. The Commissioner (Appeals) correctly concluded that in the absence of pole sales, there was no unjust enrichment, leading to the rejection of the Revenue's appeal and the disposal of the cross-objection filed by the Respondent in support of the order-in-appeal. The Tribunal upheld the Commissioner (Appeals)'s decision, rejecting the Revenue's appeal and disposing of the Respondent's cross-objection.