2009 (8) TMI 540 - AT - Central Excise

Refund- The appellant has made a prayer for setting aside the impugned order passed by the learned Commissioner (Appeals) upholding Order-in-Original. Adjudicating Authority allowed refund with interest thereon following CESTAT Order dated 23-3-1999 and sanctioned the refund of Rs. 77, 784/- with the direction that the said refund be adjusted against the arrear amount of Rs. 3, 24, 429/-. Held that- it is permissible under section 11 of Central Excise Act 1944 since assessee cannot be allowed to be unjustly enriched.

Summary

The Appellate Tribunal CESTAT, Bangalore upheld the order directing adjustment of refund against arrear amount due to non-renewal of Bank Guarantee. The order passed by the learned Commissioner (Appeals) was upheld as per Section 11 for adjustment of amounts.