2008 (4) TMI 177 - AT - Central Excise

Appellant applied for permission of storage of non-duty paid sugar outside the bonded store room permission granted subjected to the condition that appellant will deposit supervision charges appellant deposited supervision charges and availed the facility appellant filing refund claim challenging the condition imposed in the permission letter on the ground that the supervision charges are not payable as per the board s circular is not permissible refund not allowed

Summary

Issues:
Appeal against rejection of refund claim for supervision charges.

Analysis:
The appellant, engaged in sugar manufacturing, sought permission to store non-duty paid sugar outside the bonded store room due to storage space shortage. The Commissioner of Central Excise granted permission with conditions, including depositing supervision charges. The appellant complied with the conditions and later filed a refund claim, contending that supervision charges were not payable as per a board's circular. The adjudicating authority rejected the claim, leading to an appeal that was dismissed. The appellant's sole argument was that supervision charges were not payable per the circular, entitling them to a refund.

Upon review, the Tribunal noted that the appellant requested and received a concession subject to conditions. The appellant utilized the concession without challenging the conditions set by the Commissioner. Filing a refund claim to contest the conditions after benefiting from the concession was deemed impermissible by the Tribunal. It was observed that if the appellant had objections to the conditions, they should have either not accepted them or challenged them at the time of permission. Consequently, the Tribunal found no merit in the appeal and dismissed it.

This judgment emphasizes the principle that parties cannot avail concessions under specific conditions and subsequently challenge those conditions through refund claims. It underscores the importance of parties either rejecting unfavorable conditions upfront or challenging them promptly to maintain the integrity of the regulatory process. The decision serves as a reminder for parties to carefully consider and address conditions attached to permissions or concessions to avoid future disputes and legal complications.