2017 (12) TMI 1185 - AT - Central Excise

Refund of duty paid on intermediate goods - case of appellant is that Assistant Commissioner and the Commissioner (Appeals) had no jurisdiction to take any contrary view to the Tribunal s order when it is in operation - Held that - The right course of action on the part of the Revenue was to challenge the Tribunal s order which they already done so by filing the appeal before the Hon ble High Court. Therefore since there is no stay the refund was supposed to be given to the appellant - Since the appeal of the Revenue was admitted before the Hon ble High Court it is just and proper that the matter should go back to the adjudicating authority who should wait for the outcome of the appeal pending before the High Court - appeal allowed by way of remand.

Issues:
Refund claim rejection for non-submission of documents, application of unjust enrichment principle, jurisdiction of Assistant Commissioner and Commissioner (Appeals) in light of Tribunal's order, refund credited to Consumer Welfare Fund, appeal by Revenue before High Court, setting aside the impugned order and remanding the matter.

Refund Claim Rejection:
The appellant filed refund claims for duty paid on intermediate goods during a specific period, which were initially rejected by the adjudicating authority for non-submission of documents. Despite filing appeals, the Ld. Commissioner (Appeals) and the Tribunal upheld the rejection. However, upon remand by the Tribunal, the refund claims were eventually sanctioned by the adjudicating authority but credited to the Consumer Welfare Fund due to the absence of evidence regarding passing on the duty incidence.

Application of Unjust Enrichment Principle:
The Tribunal, in a subsequent appeal, held that the bar of unjust enrichment would not apply for the relevant period. Despite this, the Assistant Commissioner and Commissioner (Appeals) credited the refund to the Consumer Welfare Fund, leading to a contention by the appellant that such actions were against the Tribunal's order.

Jurisdiction of Assistant Commissioner and Commissioner (Appeals) in Light of Tribunal's Order:
The appellant argued that the Assistant Commissioner and Commissioner (Appeals) had no jurisdiction to act contrary to the Tribunal's order, especially when it was in operation and no stay had been obtained from the High Court. The appellant contended that crediting the refund to the Consumer Welfare Fund was a contempt of the Tribunal's order.

Refund Credited to Consumer Welfare Fund:
The Assistant Commissioner and Commissioner (Appeals) credited the refund to the Consumer Welfare Fund, which was deemed inappropriate by the Tribunal as the appellant's appeal had been allowed. The Tribunal found that the Revenue should have challenged its order rather than taking actions against it.

Appeal by Revenue Before High Court:
The Revenue filed an appeal before the Hon'ble High Court against the Tribunal's order. The Tribunal noted that since there was no stay obtained by the Revenue, the refund should have been given to the appellant. The matter was pending before the High Court, and the Tribunal deemed it appropriate to remand the issue back to the adjudicating authority to await the outcome of the appeal.

Setting Aside the Impugned Order and Remanding the Matter:
After considering the submissions, the Tribunal set aside the impugned order and remanded the matter to the adjudicating authority. The Tribunal directed that the refund be reprocessed in accordance with the law based on the outcome of the Revenue's appeal pending before the High Court. The Tribunal emphasized the importance of following the legal process and awaiting the final decision from the High Court.

This detailed analysis of the judgment covers the issues involved comprehensively, outlining the sequence of events, legal arguments presented, and the Tribunal's decision to remand the matter back to the adjudicating authority for further action in accordance with the law and pending appeal before the High Court.

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