1986 (12) TMI 211 - AT - Central Excise

Summary

Issues:
1. Change in name of the appellant.
2. Classification and approval of duty payment for Fenaplast Yarn.
3. Rejection of refund claim under notification No. 118/75.
4. Granting relief for refund claims.
5. Bar of limitation for refund claims.

Analysis:

Issue 1: Change in name of the appellant
The appellant, initially M/s. Modi Yarn Mills, was transferred to M/s. Modi Syntex (P) Ltd., which was later renamed Vishal Syntex Ltd. An application was filed for a change of cause title, and the same was allowed after due consideration. Therefore, the current appellant is M/s. Vishal Syntex Ltd.

Issue 2: Classification and approval of duty payment for Fenaplast Yarn
The appellants initially paid duty for Fenaplast Yarn under T.I. 18-E CET but later filed a classification list seeking approval for T.I. 68-CET. Subsequently, they claimed benefits under notification No. 118/75-CE for the yarn. The authorities communicated provisional approval for T.I. 68-CET, leading to a refund claim for excess duty paid. The Assistant Collector partially allowed the refund claim, which was further contested through revision petitions.

Issue 3: Rejection of refund claim under notification No. 118/75
The rejection of the refund claim under notification No. 118/75 was based on the grounds that the benefit was claimed under a classification list filed on 3.4.1979, and hence, could not be applied to earlier clearances. The Collector upheld this decision, emphasizing the need for the proper officer to be satisfied about the intended use of goods in another factory before granting exemptions.

Issue 4: Granting relief for refund claims
The Tribunal considered the appellants' argument, citing a previous case involving Union Carbide, where relief was granted despite technical grounds. The Tribunal agreed that proof of actual use after removal should suffice to prove the original intention and directed the Assistant Collector to grant relief if the appellants could demonstrate the actual use of goods in another factory.

Issue 5: Bar of limitation for refund claims
The Tribunal noted the periods for which refund claims were made and determined that some claims were not barred by limitation, while others were. Accordingly, the Tribunal allowed the appeals, set aside the lower authorities' orders, and remitted the matters for reevaluation by the Assistant Collector in line with the Tribunal's findings.

In conclusion, the Tribunal allowed the appeals, emphasizing the need for proof of actual use of goods in another factory to grant relief under notification No. 118/75, and considered the limitation periods for refund claims.