2005 (8) TMI 128 - HC - Central Excise

Summary

Issues involved:
The legality and propriety of the order passed by the CEGA Tribunal in Appeal No. E-680/2001 regarding refund under Section 35F of the Central Excise & Salt Act, 1944.

Summary:

Issue 1: Refund Claim by M/s. Ashok Arc
M/s. Ashok Arc claimed a refund of Rs. 42,503.51 pursuant to CEGA Tribunal's order in Appeals E-3441, 3442/93. The amount was debited from MODVAT Account under Section 35F. The Deputy Commissioner sanctioned a partial amount for payment through cheque and ordered the balance to be transferred to CENVAT Account. An appeal for full cash refund was rejected by the Commissioner (Appeals), leading to the appeal before the CEGA Tribunal.

Issue 2: Interpretation of Central Excise Rules
The Counsel for the Revenue argued that the CEGA Tribunal overlooked Rule 57F of the Central Excise Rules, specifically sub-rules (12) and (13), which allow credit of specified duty to be utilized for various purposes related to final products, waste, or inputs themselves. The Revenue questioned the Tribunal's decision to refund the amount in cash deposited through MODVAT account.

Judgment:
The CEGA Tribunal upheld the respondent's claim for cash refund, stating that no RG-23 Part-II account was available for finished goods, as argued by the Revenue. Citing a precedent from the Andhra Pradesh High Court, the Tribunal noted that the respondent was not maintaining a credit account due to an exemption limit. Consequently, the Tribunal ruled in favor of refunding the amount in cash to the respondent, as they would not be able to utilize the credit. The High Court declined to refer any issue for further review, as no substantial question of law was raised.

This summary provides a detailed overview of the issues involved in the legal judgment, the arguments presented by the parties, and the ultimate decision rendered by the CEGA Tribunal.