1987 (12) TMI 153 - AT - Central Excise

Issues:
1. Time limitation for recovery of duty overpaid due to erroneous refund under Notification No. 108/78-C.E.
2. Interpretation of relevant date under Section 11A of the Central Excises & Salt Act for serving notice for recovery of duty.

Detailed Analysis:

1. The case involved a claim by M/s. Balrampur Chini Mills Limited under Notification No. 108/78-C.E., where they were granted credit for duty paid on free sale sugar. Subsequently, a notice was issued to recover the differential amount of duty paid less than the rebate granted earlier. The Assistant Collector confirmed the demand, which was set aside by the Collector (Appeals) on the grounds that the demand for recovery was barred by time. The appeal by the Collector of Central Excise, Allahabad challenged this decision.

2. The Collector (Appeals) held that the demand for recovery was time-barred as the notice was issued more than six months after the credit was taken in the PLA. The appellant argued that the demand was not barred by time as the duty paid at a lesser rate was known only at the time of clearances between May 1978 and March 1979. The appellant also contended that the general law's limitation period should apply, not the Central Excises & Salt Act's six-month limitation period under Section 11A.

3. The Tribunal noted that the Supreme Court had upheld that refund claims under customs or excise laws were governed by the respective statutes' limitation provisions. The Collector (Appeals) had correctly applied the limitation period under the Central Excises & Salt Act, and previous Tribunal decisions supported this interpretation.

4. The appellant argued that the duty became erroneously refunded only at the time of actual clearances when the duty payable was less than the rebate granted. However, the Tribunal rejected this argument, stating that the relevant date for serving notice for recovery of erroneously refunded duty was the date of the refund itself, not the date of clearance. As the demand notice was issued more than six months after the refund date, the Collector (Appeals) was correct in holding the demand as time-barred.

5. The respondent pointed out that even considering the effective notice for recovery issued on 26-11-1979, the demand would still be time-barred as it was issued more than six months after the completion of clearances in March 1979. Therefore, the Tribunal upheld the Collector (Appeals) decision, dismissing the appeal.

In conclusion, the Tribunal affirmed the Collector (Appeals) decision that the demand for recovery of duty overpaid due to an erroneous refund under Notification No. 108/78-C.E. was time-barred based on the relevant date under Section 11A of the Central Excises & Salt Act. The Tribunal rejected arguments that the duty became erroneously refunded only at the time of actual clearances and upheld the application of the statutory limitation period for serving recovery notices.

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