2005 (11) TMI 131 - AT - Central Excise

Summary

Issues:
1. Appropriation of refund against pending demands before the Appellate Authority.

Analysis:
In the first appeal (E/303/2004), the appellants, who exported aluminium extrusions to Singapore and were eligible for exemption, applied for a refund. The Lower Authority accepted their refund application but apportioned the amount against pending demands before the appellate Tribunal. The Commissioner (Appeals) upheld this appropriation, which was challenged. The Member (J) found this order to be not legal and proper, stating that the refund amount cannot be adjusted against independent demands pending adjudication. Citing the case law Commissioner of Central Excise, Indore v. Girdharilal Sugar Allied Industries Ltd., the Tribunal set aside the adjustment of refund towards pre-deposits required under Section 35F of the Act. Referring to earlier judgments, the Member (J) concluded that the lower authority's order was not legal, allowing the appeal and granting the assessee the entitled refund within three months with interest.

In the second appeal (E/970/2003), the Revenue had appropriated a refund amount against a confirmed demand, which was deemed unjustified in light of the previous judgment. The impugned Order-in-Appeal was declared not proper and legal, and subsequently set aside. The appeal was allowed, emphasizing the incorrectness of the appropriation of the refund amount.