2020 (5) TMI 223 - AT - Central Excise

Refund of excess duty paid for the month of April, 2012 - compounded levy scheme - HELD THAT - Through the order of the Adjudicating Authority dated 01.04.2019 and entertaining various refund claims of the appellant but have no whisper of any word about the refund claim for the month of April, 2012 wherein refund claim of excess duty of ₹ 9,50,000/-, Machine No. 2 was sealed for the period 16.04.2012 to 30.04.2012, which shows the negligence on the part of the Adjudicating Authority for not entertaining the refund claim despite the direction of the Tribunal vide order dated 10.10.2017. The Adjudicating Authority is directed to entertain the refund claim for the month of April, 2012 within a period of seven days from the receipt of this order and pass the order in accordance with law, if it is held that the appellant is entitled for the refund of excess duty, the same shall be paid alongwith interest - Appeal disposed off.

Summary

Issues:
Refund claim of excess duty not refunded despite Tribunal's direction.

Analysis:
The appellant, engaged in manufacturing Pan Masala Gutka, paid duty under the Pan Masala Packing Machines Rules, 2008. Specifically, the appellant paid &8377; 19 lakhs on 03.04.2012 for Machine No. 2, which was operational from 01.04.2012 to 15.04.2012 and sealed thereafter. A refund claim of excess duty for the period from 16.04.2012 to 30.04.2012 was filed by the appellant. Initially rejected, the matter reached the Tribunal, which directed the Adjudicating Authority to compute the demand and refund claim within four months. However, the Authority failed to comply with the Tribunal's order, leading to the appellant's appeal.

Upon reviewing the Adjudicating Authority's order, it was found that despite entertaining various refund claims of the appellant, there was no mention of the specific refund claim for April 2012 amounting to &8377; 9,50,000 for Machine No. 2. This failure to address the refund claim indicated negligence on the Authority's part, especially considering the Tribunal's previous directive issued on 10.10.2017.

Consequently, the Adjudicating Authority was directed to process the refund claim for April 2012 within seven days from the receipt of the order. If it is determined that the appellant is entitled to the refund of excess duty, the amount should be paid along with interest. The appeal was disposed of accordingly, with the order to be provided dasti.