2015 (7) TMI 1316 - AT - Central Excise

Adjustment of excess paid and short paid duty - Finalization of provisional assessment - demand of differential duty without adjustment of excess payment made against while finalising the assessment in a particular year - Held that - The issue decided in the case of TOYOTA KIRLOSKAR AUTO PARTS PVT LTD VERSUS COMMISSIONER OF CENTRAL EXCISE BANGALOR 2011 (10) TMI 201 - KARNATAKA HIGH COURT where it was held that Even though the duty payable under the Act is to be calculated under each head of each case ultimately it is the total duty payable for all the goods which are the subject matter of the provisional assessment and final assessment which is to be taken into consideration. The appellants are eligible for adjustment of excess duty paid while finalizing the provisional assessment for the year 2005-06 and for the subsequent years question of unjust enrichment does not arise - appeal allowed - decided in favor of appellant.

Summary

Issues: Finalization of provisional assessment and adjustment of excess and short-paid duty.

Analysis:
The judgment by the Appellate Tribunal CESTAT Chennai involved two appeals with a common issue related to finalization of provisional assessment and demanding differential duty without adjusting excess payment made against while finalizing the assessment in a particular year. The appellant argued that the adjudicating authority demanded short-payment of duty without adjusting excess duty paid in one appeal and demanded differential duty without considering the excess duty paid in another appeal. The appellant cited precedents, including the case of Jonas Woodhead & Sons (I) Ltd. v. CCE Chennai-IV and the Karnataka High Court's decision in the case of Toyota Kirloskar Auto Parts Pvt. Ltd. The respondent argued that duty adjustment can be considered if unjust enrichment does not apply, referring to case law in Excel Rubber Ltd. v. CCE and Hindustan Zinc Ltd. v. CCE Jaipur. After hearing both sides, the Tribunal found that the issue had already been settled by the Hon'ble High Court and the Tribunal's final order in the Jonas Woodhead case, following the Karnataka High Court's decision in Toyota Kirloskar Auto Parts case. The Tribunal quoted relevant portions of the Jonas Woodhead case to support its decision.

The Tribunal, in line with the Karnataka High Court decision and its own previous order, held that the appellants were entitled to adjust the excess duty paid while finalizing the provisional assessment for the year in question. The Tribunal emphasized that for subsequent years, the question of unjust enrichment did not arise. Consequently, the impugned orders were set aside, and the appeals were allowed with consequential relief. The judgment highlighted the importance of considering excess and short-paid duty in final assessments and the applicability of unjust enrichment in such cases.