2021 (10) TMI 382 - AT - Central Excise

Adjustment made from the sanctioned amount of rebate claim - rebate of duty paid on the goods, which were exported by the appellants - Rule 18 of Central Excise Rules, 2002 - HELD THAT - On perusal of provisions of Section 11 of the Central Excise Act, it is evident that the adjustment in the present case has been made bona fide, as permissible under the provisions of the Act. Appeal dismissed.

Summary

Issues:
Claim of rebate adjustment against outstanding dues under Central Excise Rules, 2002.

Analysis:
The case involved M/s. Mangalam Cement Ltd. filing a rebate claim under Rule 18 of Central Excise Rules, 2002, for duty paid on exported goods. The Assistant Commissioner sanctioned the rebate claim but adjusted an amount against outstanding dues confirmed in a previous order. The Commissioner (Appeals) upheld this adjustment, leading to the appeal before the Tribunal.

The appellant argued that the issue of disallowance of cenvat credit was still pending before the Hon'ble Rajasthan High Court, indicating that the matter had not attained finality. They contended that the adjustment made from the rebate claim was illegal and untenable, citing various case laws in support of their argument.

On the other hand, the Departmental Representative supported the adjustment, referring to a case where a similar adjustment was upheld by the Tribunal and High Court. They highlighted the provisions of Section 11 of the Central Excise Act, which allow for the deduction or recovery of sums payable to the Central Government from any money owing to the person.

After considering the arguments, the Tribunal found that the adjustment made was permissible under Section 11 of the Central Excise Act. The Tribunal concluded that the adjustment was made bona fide and in accordance with the law. Consequently, the appeal was dismissed, upholding the adjustment made against the rebate claim.

In summary, the Tribunal's judgment addressed the issue of adjusting a rebate claim against outstanding dues under the Central Excise Rules, 2002. The decision emphasized the legality and permissibility of such adjustments under Section 11 of the Central Excise Act, ultimately dismissing the appeal and upholding the adjustment made by the authorities.