1988 (4) TMI 281 - AT - Central Excise

Summary

Issues: Classification of goods under Item No. 18E CET, recovery of duty, refund of excess duty paid.

Classification of goods under Item No. 18E CET:
The dispute revolved around the classification of resultant yarns manufactured by the appellants under Item No. 18E CET. The department contended that the yarns fell under Item No. 68 CET, attracting duty on the full value. However, both parties agreed that the resultant yarns correctly fell under Item No. 18E CET, a fact not challenged by the department. The Tribunal upheld this classification, rendering the classification under Item No. 68 CET and the duty demand under that item unsustainable.

Recovery of Duty:
The appellants sought to set aside the order-in-appeal confirming the duty recovery based on a show cause notice. The Assistant Collector's order demanded duty payment, which the Collector (Appeals) upheld for the constituent yarns. The Tribunal held that since the appellants paid duty under Item No. 18E CET, no excess payment occurred, and thus, no refund was warranted. The Tribunal set aside the Collector (Appeals) finding on the recovery of duty on constituent yarns, as it was beyond his jurisdiction.

Refund of Excess Duty Paid:
The appellants also requested a refund of any excess duty paid on the yarns under Item No. 18E from June 1978 to December 1978. However, since the appellants paid the duty under the correct item, no excess payment existed, and thus, no refund was deemed necessary. The Tribunal allowed the appeal, directing a refund if the demand had been honored by the appellants.

Judgment by V.T. Raghavachari:
V.T. Raghavachari expressed reservations about certain observations in the Senior Vice President's order but ultimately concurred with the decision to allow the appeal and upheld the refund direction. The Tribunal's decision clarified the correct classification of goods, the inapplicability of duty recovery on constituent yarns, and the absence of excess duty payment warranting a refund.