1987 (5) TMI 154 - AT - Central Excise

Summary

Issues:
1. Excess production incentive under exemption Notification No. 198/76-C.E.
2. Rejection of refund claims by Assistant Collector of Central Excise as barred by limitation under Rule 11 of the Central Excise Rules.
3. Appeal filed by the appellants against the rejection of refund claims.
4. Arguments presented by both parties based on previous Tribunal decisions.
5. Interpretation of the relevant time limits for filing refund claims under the excess production incentive scheme.
6. Application of previous Tribunal decisions to the present cases.

The judgment by the Appellate Tribunal CEGAT, New Delhi pertains to two appeals concerning the common issue of excess production incentive granted under exemption Notification No. 198/76-C.E. The claims for refund of duty were rejected by the Assistant Collector of Central Excise as time-barred under Rule 11 of the Central Excise Rules, as they were filed after six months from the payment of duty but within six months from the approval of the declaration of base clearance. The appellants appealed against the rejection, which was initially allowed by the Collector (Appeals), leading to the Revenue filing the present appeals. The arguments presented by the Revenue relied on previous Tribunal decisions, while the appellants cited other decisions favoring their position.

The Revenue argued that the refund claims were time-barred based on Tribunal decisions in similar cases. However, the appellants contended that their refund claims were within the time limit, emphasizing that they had intimated the Assistant Collector about paying duty under protest until the base clearance certificate was issued. The Tribunal considered the arguments and distinguished the previous decisions cited by the Revenue, noting that the cases were not directly relevant to the present situation involving the excess production incentive scheme.

The Tribunal referred to specific Tribunal decisions cited by the appellants, which supported the view that the time limit for filing refund claims under the excess production incentive scheme should commence from the date of approval of base clearance, not from the date of duty payment. The Tribunal upheld these decisions, stating that the refund claims in the present cases were not time-barred as the appellants were unable to quantify their claims until the base clearances were fixed by the Assistant Collector. Consequently, the Tribunal dismissed the Revenue's appeals and upheld the Collector (Appeals)'s orders in favor of the appellants based on the application of previous Tribunal decisions to the specific circumstances of the cases.