2018 (3) TMI 1382 - HC - Central Excise

Monetary limit of appeal - Refund of ₹ 2,28,907/- - Held that - as per Circular F.No.390/Misc./163/2010-JC/Pt, Central Board of Excise & Customs fixes the monetary limit below which appeal shall not be filed in the High Court as ₹ 20,00,000/- - as the amount involved, is less that the aforesaid limit, the appeal is dismissed.

Summary

Issues:
1. Whether the CESTAT was correct in allowing the refund when conditions of Notification No 54/2001 were not fulfilled?
2. Can refund be ordered by the Tribunal without express provisions under the Central Excise Act, 1944?
3. Was the Tribunal correct in ignoring the question of unjust enrichment and Section 11B provisions?

Analysis:
1. The appeal was filed against Final Order No.357 of 2010 by the Customs, Excise, and Service Tax Appellate Tribunal, Chennai Bench. The substantial questions of law raised included the correctness of allowing a refund equal to deemed credit of 20% when conditions of Notification No 54/2001 were not met. The Tribunal's decision was challenged based on this issue.
2. Another issue raised was whether the Tribunal, being a creation of the Statute, could order a refund without express provisions under the Central Excise Act, 1944. The legality and authority of the Tribunal to allow deemed credit and order refunds were questioned in the context of the statutory framework.
3. The third issue pertained to the Tribunal's alleged oversight of the question of unjust enrichment raised by the Original Adjudicating Authority, contrary to the provisions of Section 11B. The Tribunal's decision to ignore this aspect was challenged, highlighting the procedural and legal correctness of the Tribunal's actions.
4. The record indicated that the appeal was admitted, but the notice was returned undelivered with a remark stating "No such Company in the address." Despite the lapse of more than 7 years since the return of notice, no further progress was made in serving the respondent.
5. The Ministry of Finance's instruction dated 30.12.2016, regarding the reduction of government litigation and monetary limits for filing appeals before CESTAT, was cited. In line with this policy, the Civil Miscellaneous Appeal was dismissed without costs based on the specified monetary limit below which appeals shall not be filed in the High Court.

This detailed analysis covers the issues raised in the judgment, providing a comprehensive overview of the legal arguments and procedural aspects involved in the case before the Madras High Court.