2017 (2) TMI 765 - AT - Central Excise

Price variation clause - self adjustment - the appellant adjusted the excess paid differential duty with the short paid duty - whether such adjustments were proper? - Held that - The central Excise law provides for claiming refund of excise duty paid in excess, subject to various conditions prescribed in Section 11 B. Once duty has been paid in excess, the assessee is required to file refund claim and satisfy all the conditions prescribed, to get back the excess paid duty - In the present case, the appellant has gone ahead and adjusted the excess duty paid with the short paid duty which is not permissible in law - appeal dismissed - decided against appellant.

Summary

Issues:
- Availing Cenvat credit on inputs and capital goods
- Differential duty on price increases and decreases
- Adjustment of excess paid duty with short paid duty
- Interpretation of Central Excise Act and Valuation Rules
- Claiming refund of excess excise duty
- Applicability of Tribunal decisions

Analysis:
The appellant, a manufacturer of electrical wires and cables, availed Cenvat credit on inputs and capital goods. The issue arose when the appellant cleared goods through a depot and faced differential duty due to price fluctuations. The Revenue contended that adjustments made by the appellant for excess paid duty were improper. The Original authority confirmed a demand of differential duty, interest, and penalty. The appellant challenged this decision before the Commissioner (Appeals), who upheld the demand, leading to the present appeal.

The Tribunal considered the arguments presented by both parties. The appellant cited several Tribunal decisions in their favor to support their case. However, the Departmental Representative reiterated the findings of the lower authorities. The Tribunal observed that the goods were sold from the depot, not at the time of clearance from the factory gate. As per the Central Excise Act and Valuation Rules, the transaction value at the depot should be considered for duty payment. The Tribunal noted that the appellant adjusted excess duty paid with short paid duty, which is not permissible under the law.

Regarding the claim for refund of excess excise duty, the Tribunal highlighted the conditions prescribed in Section 11 B of the Central Excise law. It emphasized that once duty is paid in excess, the proper procedure is to file a refund claim and satisfy the conditions for claiming the excess paid duty. In this case, the appellant's adjustment of excess duty was deemed legally impermissible.

Despite the appellant's reliance on Tribunal decisions, the Tribunal found that the cited case laws did not align with the facts of the present case. Therefore, the benefits of those decisions could not be extended to the appellant's situation. Ultimately, the Tribunal upheld the Impugned order, dismissing the appeal.