2023 (7) TMI 1061 - AT - Central Excise

Levy of Excise Duty on quantity discount claimed - refund of excess duty paid due to extending the quantity discount, even if the appellant have not opted for provisional assessment - HELD THAT - There is no fault in appellant s giving quantity discount to their customers. Since the goods first cleared from the factory to appellant s depot, no discount was involved and consequently the quantity discount was given from depot therefore, such discount is not liable to duty. Therefore excise duty paid is clearly refundable. Objection of the Revenue that since appellant have not followed the provisional assessment refund is not payable - HELD THAT - This issue is no longer res-integra as in the appellant s own case this Tribunal in SAVITA OIL TECHNOLOGIES LTD VERSUS C.C.E. S.T. -VAPI 2023 (3) TMI 833 - CESTAT AHMEDABAD has taken a view that merely because the assessee has not followed the provisional assessment, admittedly the excess payment of duty must be refunded to the assessee. Therefore, the appellant is entitled for refund of excess duty paid due to extending the quantity discount to the customers. However, the factual aspect of correct quantification can be verified by the adjudicating authority, if required - appeal disposed off.

Summary

Issues involved:
The issues involved in the present case are whether the appellant is liable to pay duty on quantity discount claimed by them and whether the excess duty paid due to extending the quantity discount is refundable even if the appellant have not opted for provisional assessment.

Issue 1 - Liability to pay duty on quantity discount:
The appellant, represented by a Chartered Accountant, argued that the excess duty payment was known in advance and quantity discount was extended to customers from the depot after goods were cleared from the factory. The Tribunal found no fault in the appellant giving quantity discount as it was given from the depot and not liable to duty. Therefore, the excise duty paid was deemed refundable.

Issue 2 - Refundability of excess duty paid without opting for provisional assessment:
The Revenue contended that since the appellant did not opt for provisional assessment, refund was not payable. However, the Tribunal, based on its own previous order and the decision of the Hon'ble High Court of Madhya Pradesh in a similar case, held that excess duty must be refunded to the appellant even if provisional assessment was not followed. The Tribunal emphasized that the legal provision for valuation does not change based on the lack of provisional assessment. The principle of unjust enrichment was addressed by the appellant with supporting documents, establishing that the duty incidence for which refund was sought had not been passed on. The Tribunal concluded that the appellant was entitled to a refund of the excess duty paid due to extending quantity discount, subject to verification of documents by the Adjudicating Authority.

Conclusion:
Based on the findings and legal precedents, the Tribunal allowed the appeal, setting aside the impugned order and remanding the matter to the Adjudicating Authority for a fresh order considering the observations made. The appellant was deemed entitled to a refund of the excess duty paid, with the verification of correct quantification left to the adjudicating authority if necessary. The decision was pronounced in the open court on 24.07.2023.