2004 (10) TMI 172 - AT - Central Excise

Summary

Issues: Refund granted to appellants challenged by Assistant Commissioner based on subsequent Supreme Court judgment

In this case, the main issue revolves around the challenge to a refund granted to the appellants on the basis of a Final Order passed by the Tribunal. The Assistant Commissioner issued a show cause notice for the recovery of the refunded amount, citing a subsequent Supreme Court judgment that set aside an earlier order. The appellants argued that since the Final Order of the Tribunal was not challenged, it should be considered final and any action taken based on it cannot be modified. The appellants relied on a Supreme Court decision in the case of Hindustan Metal Pressing Works v. CCE, Pune to support their argument.

The learned Advocate for the appellants contended that the refund was granted in implementation of the Final Order of the Tribunal and, therefore, should be considered final. The Assistant Commissioner's show cause notice was challenged on the grounds that the Tribunal's order had not been challenged and, therefore, any action taken based on it should not be recalled. The appellants relied on the decision in Hindustan Metal Pressing Works v. CCE, Pune to argue that finalized cases could not be reopened on the basis of unjust enrichment.

After considering the submissions from both sides, the Member of the Appellate Tribunal found that the Tribunal's Final Order allowed the appeal and resulted in the grant of the refund to the appellants. Since this order was not challenged, any subsequent action to recover the refunded amount could not be sustained. Citing the Supreme Court decision in Hindustan Metal Pressing Works v. CCE, Pune, the Member held that the order of the Commissioner (Appeals) was incorrect in law and set it aside, thereby allowing the appeal of the appellants.