1993 (11) TMI 117 - AT - Central Excise

Summary

Issues:
- Appeal against the order allowing refund of duty under Section 173L for goods received for re-making and re-processing.
- Interpretation of Rule 173L of Central Excise Rules, 1944.
- Compliance with procedural requirements for refund claim.
- Verification of goods after return with reference to gate passes.
- Rejection of goods and entitlement to re-processing under Rule 173L.

Analysis:
The appeal before the Appellate Tribunal CEGAT, Madras was filed by the Revenue against the order of the Collector of Central Excise (Appeals), Madras, which allowed a refund of duty under Section 173L for goods received by the respondents for re-making and re-processing. The appellant-Collector contended that the lower appellate authority erred in appreciating the provisions of Rule 173L, specifically emphasizing the necessity of intimation to the Department within 24 hours of receiving goods for reprocessing. The appellant argued that the goods were rejected, not returned for reprocessing, and no refund should be granted as per Rule 173L.

Upon considering the submissions, the Tribunal noted that although there was a slight delay in filing the required intimation under Rule 173L, it was procedural in nature and did not warrant denial of the refund claim. The Inspector had verified the goods after return with reference to the filed intimation, indicating substantial compliance with Rule 173L. The appellant's assertion regarding the need to establish the identity of goods with gate passes was deemed unsubstantiated as no discrepancies were reported by the Inspector during verification.

Regarding the contention that the goods were rejected and not returned for reprocessing, the Tribunal held that the decision to re-process rejected goods lies with the assessee. As the respondents claimed to have re-made the goods in their factory, they were entitled to the benefits under Rule 173L, irrespective of whether the re-made goods were sent back to the same buyer. The Tribunal dismissed the appeal, concluding that the Revenue's arguments lacked merit and upheld the lower authority's decision to grant the refund of duty under Section 173L.

In summary, the Tribunal's decision focused on the procedural compliance with Rule 173L, the verification of goods after return, and the entitlement to re-processing under the said rule, ultimately ruling in favor of the respondents and dismissing the Revenue's appeal.