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2008 (1) TMI 47 - AT - Central ExciseRefund claim Appellant filed refund claim in respect of the excess duty paid by him Commissioner(A) rejected the claim as per Section 11B of the Act on the ground that the goods sold by appellant to other party Matter remanded by tribunal to decided afresh
Issues: Refund claim rejection based on locus standii.
Analysis: 1. The case involved a dispute regarding the refund claim of excess Central Excise duty paid by M/s ONGC for Aromatic Naptha. The appellant, M/s IOCL, purchased the goods from M/s ONGC and then sold them to M/s PPM Power Generating Co. Ltd. The issue arose when M/s ONGC mistakenly paid the duty on a higher assessable value based on the appellant's selling price to M/s PPM, instead of the price at which they sold the goods to the appellant. 2. The Commissioner (Appeals) rejected the refund claim, stating that the duty had been paid by M/s ONGC, and the goods were sold to M/s PPM at a higher value than the assessable value and excise duty combined. The Commissioner held that the refund claim could only be filed by either M/s ONGC or M/s PPM, as per Section 11B, since they were the manufacturer who paid the duty and the ultimate consumer, respectively. 3. The Tribunal disagreed with the Commissioner's findings, emphasizing that M/s IOCL, as the buyer from M/s ONGC, had the right to claim a refund if they had not passed on the duty incidence to another party. The Tribunal clarified that the subsequent sale by M/s IOCL did not disqualify them from seeking a refund if legally permissible. Therefore, the Tribunal held that the refund claim by M/s IOCL was maintainable under the law. 4. The Tribunal set aside the Commissioner's order and remanded the matter for a decision on merit, as the appellate authority had only rejected the claim on the grounds of maintainability without examining the case's substantive aspects. This decision highlighted the importance of correctly interpreting the provisions of Section 11B concerning refund claims and the rights of buyers in such circumstances.
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