1990 (11) TMI 233 - AT - Central Excise

Summary

Issues:
- Appeal against the order allowing refund of duty paid on goods returned for reprocessing.
- Interpretation of Rule 173L regarding refund eligibility for goods returned for reprocessing.
- Dispute over whether goods cleared at Nil rate of duty are eligible for refund under Rule 173L.

Analysis:
The appeal before the Appellate Tribunal CEGAT, Bombay, involved a dispute over the refund of duty paid on goods returned for reprocessing. The Collector (Appeals) had allowed the respondent's appeal for the refund of duty paid on goods cleared to a buyer but returned as not conforming to requirements. The appellant contended that since the goods were cleared at Nil rate of duty under an exemption, the refund claim was not maintainable under Rule 173L. However, the Collector (Appeals) directed the grant of refund under Rule 173L.

Upon examination, the Tribunal noted that Rule 173L allows for the refund of duty paid on manufactured excisable goods returned for reprocessing, regardless of the subsequent clearance procedure. The Tribunal clarified that the restriction under proviso (iv) of Rule 173L pertains to duty payable on reprocessed goods, not the duty originally paid. As long as the duty claimed for refund does not exceed the duty payable on the reprocessed goods, and the procedural requirements are met, the refund is admissible under Rule 173L.

The Tribunal further emphasized that the eligibility for refund under Rule 173L is based on the duty paid on the initially removed goods, irrespective of the subsequent clearance procedure. Since there was no dispute that the goods were initially cleared on payment of duty and the claimed refund amount did not exceed the duty payable on the reprocessed goods, the Tribunal found the refund to be admissible under Rule 173L. Consequently, the Tribunal dismissed the appeal by the Department and also dismissed the stay application.