1983 (3) TMI 180 - AT - Central Excise

Summary

Issues:
1. Time-barred appeal under Section 35-B of the Central Excises & Salt Act, 1944.
2. Classification of D.B.S.B. and Acid Slurry under Item 15-AA.
3. Applicability of duty on Acid Slurry when produced from D.B.S.B.
4. Cross-objection filed by M/s. Hico Products Pvt. Ltd.
5. Delay in refund payment post-Appellate Collector's order.

Analysis:
1. The appeal filed by the Addl. Collector of Central Excise Bombay-II against the Appellate Collector's order was contested on the grounds of being time-barred under Section 35-B. The Tribunal found that the appeal was within the prescribed time limit as per the relevant order, allowing it to proceed to the merits of the case.

2. The argument presented was whether D.B.S.B. and Acid Slurry are distinct products classified under Item 15-AA. The Addl. Collector contended that both are separate products known in the market by their names, justifying the levy of duty on each. Reference was made to Central Excise Rules and a judgment by the Bombay High Court supporting the imposition of duty on intermediate products.

3. The Tribunal examined the classification issue and upheld the Appellate Collector's decision that both D.B.S.B. and Acid Slurry fall under the same Item 15-AA. Consequently, duty should not have been charged on Acid Slurry if duty was already paid on D.B.S.B. Duty payment on Acid Slurry was deemed unnecessary under the circumstances.

4. M/s. Hico Products Pvt. Ltd. filed a cross-objection seeking to support the Appellate Collector's order, but no variation was requested. The Tribunal noted that the cross-objection appeared to be based on a misunderstanding of the law, as it did not challenge the original decision.

5. Regarding the delay in refund payment post the Appellate Collector's order, the Tribunal found no justification to direct the Collector to repay the amount within a specified period. The decision on refund repayment was deemed to be at the discretion of the jurisdictional officers, and the plea for a specific time limit was rejected.

In conclusion, the Tribunal dismissed the appeal of the Addl. Collector of Central Excise Bombay-II as there were no grounds for modification of the Appellate Collector's order. The cross-objection by M/s. Hico Products Pvt. Ltd. was also dismissed as it did not seek any alteration to the original decision.