2001 (9) TMI 103 - HC - Central Excise

Summary

Issues:
1. Denial of refund and approach to Appellate Forum under the Act.
2. Processing of refund claims and unjust enrichment.
3. Existence of any "decision" or "order" for filing an appeal under Section 35 of the Central Excise and Salt Act, 1944.

Analysis:
1. The writ petition involved a claim for refund of a substantial sum, which was initially accepted by the Collector of Central Excise but later challenged before the Tribunal. The petitioners paid duties under protest, totaling Rs. 81,81,031.48. The High Court directed the respondents to finalize the classification lists, leading to an order for exemption and vacating of the protest. However, the refund of duties paid under protest was not executed, prompting the petitioners to file a writ petition seeking enforcement of the order for refund.

2. The Department claimed that the refund applications were being processed considering the principle of unjust enrichment, as duties had already been collected from customers. The learned single Judge acknowledged the petitioners' entitlement to the refund but emphasized that they should have exhausted the appeal remedy available under the Act before approaching the Court. The Judge dismissed the writ petition, granting liberty to file an appeal for the refund claim.

3. The Senior Counsel highlighted Section 35 of the Central Excise and Salt Act, 1944, which allows appeals to the Collector (Appeals) against decisions or orders passed by Central Excise officers lower in rank. However, it was noted that no decision or order had been passed on the refund applications. The Standing Counsel admitted the absence of any such order, rendering the direction to file an appeal under the Act unworkable. Consequently, the Court directed the respondents to finalize the refund applications under Section 11-B within three months, emphasizing the need for prompt resolution after unnecessary delays.

In conclusion, the High Court modified the single Judge's order, directing the immediate finalization of the refund applications within three months. The petitioners were assured an opportunity to be heard, with a reminder to not prolong the proceedings. The writ appeal was disposed of with this modification, without any costs incurred.