2004 (3) TMI 156 - AT - Central Excise

Summary

Issues involved: Appeal against dismissal of refund claim.

Summary:
The appeal was filed by M/s. Florida Electricals Industries Ltd. against the dismissal of their refund claim. The appellants manufacture electrical fan, fittings, and geysers. Central Excise officers searched their premises and an amount of Rs. 15,00,000/- was deposited by Anil Kumar Arora. The show cause notice was issued after a significant delay, and the appellants filed a detailed reply and appeared personally. The Deputy Commissioner rejected their refund claim based on admissions regarding clearance of goods without payment of duty. The Commissioner (Appeals) also rejected their appeal. The appellants argued that they are entitled to a refund as duty liability had not been determined even after a considerable period.

In response, it was argued that the process of adjudication was in progress, and if the appellants were found to have removed goods without payment of duty, they would be liable to pay the same.

After considering the submissions, it was noted that no duty liability had been determined on the part of the appellants despite the show cause notice and personal hearing. As there was no duty liability, the Revenue could not retain the amount deposited by the appellants. Therefore, the impugned order was set aside, and the appeal filed by the appellants was allowed.