1991 (2) TMI 272 - Commissioner - Central Excise

Summary

Issues:
- Appeal against rejection of refund claims for duty paid on Aluminium and Copper scraps under Notification Nos. 182/84-C.E. and 172/84-C.E.
- Interpretation of Notifications and eligibility for refund under Section 11B of the C. Ex. and Salt Act, 1944.

Analysis:
The appeal was filed by M/s. Bajaj Auto Limited against the rejection of three refund claims for duty paid on Aluminium and Copper scraps under Notification Nos. 182/84-C.E. and 172/84-C.E. The appellants contended that they manufacture motor vehicles and parts, generating scraps, and mistakenly paid duty on these scraps despite exemptions. The Asstt. Collector rejected the refund claims, citing Modvat credit as a reason for duty payment on scraps. The appellants argued that the Notifications did not impose such conditions and sought a refund based on prior amendments and the absence of relevant conditions before 2-11-1987.

The main issue revolved around the eligibility of the appellants for a refund of duty paid on Aluminium and Copper scraps. The Judge noted that the scraps were exempted from duty under Notification Nos. 182/84-C.E. and 172/84-C.E. The Asstt. Collector erred in considering Modvat issues while ignoring the exemptions granted under the Notifications. The Judge emphasized that the benefits under the applicable Notifications should be upheld. The Notifications had been amended, but duty paid on scraps before 2-11-1987, mistakenly, should be refunded under Section 11B of the C. Ex. and Salt Act, 1944 if admissible. Consequently, the appeal was allowed, and the appellants were deemed eligible for the refund of duty paid on Aluminium and Copper scraps.