1992 (2) TMI 205 - AT - Central Excise

Summary

Issues: Revenue's application for stay of operation of Collector (Appeals) order granting refund to respondents.

The judgment pertains to an application by the Revenue seeking a stay on the Collector (Appeals) order that allowed the respondents' appeal for a refund partially rejected by the Assistant Collector. The refund was sought following Notification No. 44/89 under Section 11C. The original authority granted partial refund, disallowing a portion due to late filing. The Collector (Appeals) allowed the appeal based on compliance with refund claim requirements, citing a Tribunal decision. The Revenue contended that duty incidence was passed to consumers, making the appellants ineligible for refund under Section 11C(2). The Department argued that a more thorough analysis was needed, considering price changes post-1-3-1988 and appellants' financial records. The respondents' advocate countered, highlighting their substantial payments and assets, and the Collector (Appeals) decision based on the Tribunal's judgment. The Tribunal noted the Revenue's concern about the Assistant Collector's analysis and the need for a detailed examination to determine duty passing. However, they found no prima facie error in the Collector's order, indicating the Revenue's ability to recover duty if the decision favored respondents. Consequently, the Tribunal dismissed the stay application, suggesting the department could seek early hearing if desired.