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2024 (4) TMI 1086 - AT - Central ExciseRefund of excess duty paid under protest - date on which notification came into effect. Enhancement of duty by N/N. 22/ 2014 dated 12.11.2014 and N/N. 24/2014 dated 02.12.2014 - clearances already effected on the date of the Notifications i.e. 12.11.2014 and 02.12.2014, the invoices issued to the customers on the existing lower rate of duty - Duty paid in the subsequent month at enhanced rate. HELD THAT - An identical issue in the appellant s own case was considered by the Ahmedabad Bench of the CESTAT 2021 (11) TMI 112 - CESTAT AHMEDABAD . After considering the various decisions of the High Court and the Supreme Court the issue was decided in favour of the appellant by holding From the above provision it is absolutely clear that any notification issued under Sub-section (1) or Sub-section (2A) come into force on a date when it is published and offered for sale on the date of its issue. The impugned order is not sustainable in law, therefore, the same is set aside by allowing the appeal of the appellant - Appeal allowed.
Issues Involved:
The issues involved in the judgment are: 1. Refund of excess duty paid due to enhanced excise duty rates on petroleum products. 2. Interpretation of Section 5A of the Central Excise Act, 1944 regarding the effective date of a notification. 3. Application of the principle of unjust enrichment when the sale price remains unchanged despite an increase in the rate of duty. Details of the judgment for each issue: 1. The appellant, a manufacturer of petroleum products, filed a claim for refund of excess duty paid due to enhanced excise duty rates on Motor Spirit (MS), High Speed Diesel (HSD), and Aviation Turbine Fuel (ATF). The appellant contended that the duty was deposited under protest as the notifications were effective prospectively. The Assistant Commissioner and the CESTAT Ahmedabad granted the refund in the appellant's favor. The High Court of Calcutta also upheld the refund order. The Tribunal found in favor of the appellant, citing that the notifications came into effect from the date of their publication in the official gazette, not from the date of issue. The Tribunal referred to various judicial precedents supporting the appellant's claim for refund. 2. The appellant argued that as per Section 5A of the Central Excise Act, 1944, a notification comes into effect when published in the official gazette and offered for sale to the public. The appellant contended that since the notifications in question were not published in the official gazette or offered for sale on the specified dates, they were not liable to pay duty as per those notifications. The Tribunal agreed with the appellant's interpretation of Section 5A and held that the notifications became effective only upon publication in the official gazette, supporting the appellant's claim for refund. 3. The Tribunal also considered the application of the principle of unjust enrichment in the case where the sale price remained unchanged despite an increase in the duty rate, and the commodity price was controlled by the government. Citing previous judgments and legal provisions, the Tribunal found that the impugned order denying the refund was not sustainable in law. The Tribunal set aside the order and allowed the appeal of the appellant with consequential relief, emphasizing the settled legal position on the issue. (Order pronounced in the open court on 25.04.2024.)
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