2007 (8) TMI 121 - AT - Central Excise

Fee in case of refund case - Claim for refund by the party can not be treated as demand of duty, interest or penalty by the department and in absence of any specific provisions, fee, in respect of refund claims need not be paid

Summary

Issues: Objection to payment of fee for appeal involving a refund claim.

Analysis:
1. The issue in this appeal before the Appellate Tribunal CESTAT, Mumbai was regarding the objection raised by the registry for payment of a fee of Rs. 5000 for an appeal where the claim involved exceeded Rs. 5 lakhs. The advocate for the appellants argued that since the matter pertained to a claim of refund and not a demand of duty, penalty, or fine by the department, no fee should be required. The advocate pointed out the provisions of Sec. 129A(6)(a), 129A(6)(b) & 129A(6)(c) to support the argument that fee is only leviable in cases of demand of duty, interest, or penalty amounts, not in cases like refund claims. Reference was made to a previous decision of the Tribunal in the case of Hindustan Zinc Ltd. v. Commissioner of Central Excise (Appeals), Visakhapatnam, where it was held that no fee is leviable in respect of refund claims under the Central Excise Act.

2. After considering the submissions from both sides, the Tribunal found merit in the advocate's contention that a claim for refund should not be treated as a demand of duty, interest, or penalty by the department. In the absence of specific provisions requiring a fee for refund claims, the Tribunal directed the registry not to insist on the collection of the fee any further. The objection raised regarding the payment of fee was set aside, and the appeal was listed for further proceedings.

This judgment clarifies that in cases involving refund claims, where the claimant is not seeking a demand of duty, interest, or penalty from the department, the payment of a fee may not be required as per the provisions of the Customs Act, 1962. The decision emphasizes the distinction between refund claims and demands for duty, interest, or penalty, highlighting that specific provisions govern the requirement of fees in different types of appeals.