1980 (10) TMI 66 - HC - Central Excise

Duty wrongly collected - Time bar for refund not applicable - Illegal levy - Writ Jurisdiction - Criteria for refund

Summary

Issues:
Challenge to rejection of refund application on the ground of limitation.

Analysis:
The petitioner, a leading cigarette manufacturer, paid excise duty based on the wholesale price charged by dealers from September 1970 to February 1972. Following a Supreme Court judgment in December 1972, the petitioner filed a refund application in March 1973 for excess duty paid amounting to Rs. 64,19,060.13. The application was rejected by the Assistant Collector of Central Excise in August 1974, citing the application being beyond the one-year limit from duty payment. An appeal to the Appellate Collector in March 1975 granted partial relief only if duty was paid under protest, implying entitlement to refund without the limitation issue.

A revision against the Appellate Collector's order was rejected by the Central Government in May 1976. The petitioner challenged these orders through a writ petition under Article 226 of the Constitution, arguing that the duty paid was not excise duty as legally payable and thus not bound by Rules 11 and 173J. The petitioner contended that any excess payment collected unlawfully should be refunded, even if excise authorities couldn't entertain the claim due to time constraints, citing a previous court decision supporting this argument.

The court analyzed the relevant rules and legal precedents, emphasizing that duty of excise must be levied in accordance with the law. Referring to a Supreme Court case, it clarified that a limitation provision would not apply if excise duty was collected without legal authority. The court concluded that the petitioner's payment, if made in error, could not be considered excise duty payment, and the refund application should have been treated as a representation outside the scope of Rules 11 and 173J.

Consequently, the writ petition was allowed, quashing previous orders and directing the respondents to refund the excess excise duty to the petitioner within six months, calculated based on the principles established in the Voltas case. The court also awarded costs to the petitioner, highlighting the legal basis for the decision and the obligation to refund unlawfully collected amounts promptly.