1993 (6) TMI 166 - AT - Central Excise

Issues:
1. Coercive recovery of disputed amounts before settlement.
2. Interpretation of Section 11 of the Central Excises and Salt Act, 1944.
3. Adjustment of amounts due from refunds.
4. Challenge to the Assistant Collector's decision on price-lists.
5. Appeal process before the Special Bench of the Tribunal.
6. Legality of adjustments made by the Department.
7. Cross Objection by the respondent Company.

1. Coercive Recovery of Disputed Amounts:
The appeal involved a dispute regarding the coercive recovery of amounts demanded while they were still under appeal. The Collector (Appeals) had allowed the appeal of the company, stating that making coercive recovery before the dispute was settled would not be fair. The Collector of Central Excise, Patna, contended that Section 11 of the Central Excises and Salt Act, 1944 allowed for recovery of government dues without impairment, even if the amounts were under appeal.

2. Interpretation of Section 11:
The Collector argued that the confirmed demands made on the RT-12 were proper assessment orders, and the liability to pay remained unless a stay order was granted. The assessments were done in accordance with the approved price-list, adding a profit element. The Collector challenged the acceptance of the disputed nature of the demands by the Collector (Appeals).

3. Adjustment of Amounts Due from Refunds:
The Assistant Collector had adjusted the amounts demanded from the company from their refund, justifying it under Section 11 of the Act. However, the Collector (Appeals) had modified the price-lists approved by the Assistant Collector, leading to a challenge before the Special Bench of the Tribunal by both parties.

4. Challenge to the Assistant Collector's Decision:
The Assistant Collector's decision on price-lists was challenged before the Collector (Appeals), who modified the rates approved. The order was under challenge before the Special Bench, and no stay order had been submitted. The recovery of amounts demanded was found to be not in order due to the modification of the approved rates.

5. Appeal Process Before the Special Bench:
Both parties had filed appeals before the Special Bench of the Tribunal against the order-in-appeal. The final outcome of these appeals was pending, and the recovery of amounts was subject to the outcome of these appeals.

6. Legality of Adjustments Made by the Department:
The Department had adjusted the amounts due from the company's refund, which was challenged during the appeal. The issue revolved around the demands made through RT-12 endorsements without formal demands being issued.

7. Cross Objection by the Respondent Company:
The respondent company filed a Cross Objection, disputing the adjustment made by the Department from their refund. They argued that the matter was sub judice, and the adjustment was erroneous. However, as the Collector's appeal was allowed, the Cross Objection was disposed of without seeking additional relief.

This judgment addressed the complex issues surrounding the recovery of disputed amounts, interpretation of statutory provisions, and challenges to assessment decisions, providing detailed analysis and directions for further proceedings before the Special Bench of the Tribunal.

← Previous Next →