1991 (3) TMI 245 - Commissioner - Central Excise

Summary

Issues:
1. Validity of refund granted by the Asstt. Collector
2. Authority of the Collector to file an appeal under Section 35E(2) of CESA, 1944
3. Applicability of the judgment in the case of M/s. Roplas (I) Ltd. v. UOI
4. Interpretation of the decision of the CEGAT, Special Bench B-I in the case of CCE Coimbatore v. Universal Radiators Ltd.
5. Consideration of the provisions of Section 35E(2) of CESA, 1944 for recovery of erroneously refunded duty

Detailed Analysis:
1. The Asstt. Collector of Central Excise and Customs, Aurangabad, granted a refund of Rs. 1,24,10,535.78 to M/s. Bajaj Auto Ltd. However, the Collector of Central Excise and Customs found the refund not legal and proper, leading to the authorization of an appeal under Section 35E(2) of CESA, 1944. The issue at hand was the validity of the refund granted by the Asstt. Collector.

2. The authority of the Collector to file an appeal under Section 35E(2) of CESA, 1944 was questioned by the respondents, who cited the decision of the CEGAT, Special Bench B-I in a specific case. The Collector's power to challenge the refund granted by the Asstt. Collector was a crucial aspect of the case.

3. The judgment in the case of M/s. Roplas (I) Ltd. v. UOI was invoked as a ground for filing the appeal under Section 35E(2) of CESA, 1944. The respondents argued that the ratio of the Roplas judgment was not applicable in their case, raising a significant legal point for consideration.

4. The interpretation of the decision of the CEGAT, Special Bench B-I in the case of CCE Coimbatore v. Universal Radiators Ltd. was pivotal in determining the applicability of Section 35E(2) for recovery of erroneously refunded duty. Both parties presented arguments based on this interpretation, emphasizing its importance in the case.

5. The central issue revolved around the consideration of the provisions of Section 35E(2) of CESA, 1944 for the recovery of erroneously refunded duty. The judgment highlighted the necessity of issuing a show cause notice within six months from the relevant date as per Section 11A to recover such duty, emphasizing the limitations of Section 35E(2) in such cases. Ultimately, the application filed by the Asstt. Collector was rejected based on this analysis.