2005 (11) TMI 134 - AT - Central Excise

Summary

Issues involved: Appeal against Order-in-Appeal upholding excess duty refund eligibility and time bar.

Issue 1 - Excess Duty Refund Eligibility:
The Tribunal referred to precedents where refunds were allowed on reduction of price post-clearance, emphasizing entitlement despite non-provisional assessments. The appellants sought refund on excess duty paid, arguing it was collected without legal authority. Citing a Supreme Court ruling, the Commissioner held in favor of refund eligibility, setting aside the Assistant Commissioner's order.

Issue 2 - Time Bar for Refund Application:
The Revenue contended that the refund application exceeded the statutory time limit under Section 11B of the Central Excise Act. However, the Tribunal noted the excess payment of duty by the assessee, which was not disputed, and referenced the Supreme Court judgment to support the view that the time limit did not apply in this case. The Tribunal rejected the appeal, affirming the Order-in-Appeal's decision on refund eligibility.

This judgment highlights the importance of legal authority in tax collection and the applicability of time limits for refund applications under the Central Excise Act. The Tribunal's decision rested on precedent cases and a Supreme Court ruling, ultimately upholding the eligibility of the appellants for refund despite the Revenue's argument on the time bar.