1993 (12) TMI 154 - AT - Central Excise

Summary

Issues:
1. Refund claim time-barred due to duty payment without protest.
2. Applicability of exemption under Notification 80/80.
3. Dispute over relevant date for time limit computation.
4. Conflict between Tribunal decisions and High Court rulings.

Analysis:
The appeal before the Appellate Tribunal concerns a refund claim filed by the respondents covering duty payments made from April 1982 to February 1983. The Asstt. Collector partially approved the claim, rejecting the balance as time-barred due to lack of duty payment under protest. However, the Collector (Appeals) allowed the appeal based on the Tribunal's decision that the relevant date for exemption eligibility under Notification 80/80 should be the close of the financial year. The Revenue challenges this decision.

The learned JDR argues that previous Tribunal decisions have considered the date of duty payment as relevant under Section 11B, citing specific cases. On the other hand, the advocate for the respondent contends that the classification list for exemption was filed before approval, making the assessment provisional as per a Supreme Court judgment and a Bombay High Court ruling. The Tribunal notes that duty was paid without exemption claim until August 1982, and the classification list was submitted later, covering the entire financial year. Without a protest letter for the earlier duty payments, the Supreme Court's provisional assessment principle may not apply.

The Tribunal acknowledges conflicting decisions on the relevant date for time limit computation. While the Kerala High Court shifted from the end of the financial year to the date of duty payment, the Bombay High Court maintained the financial year's end as relevant. Given this conflict and the Tribunal's own varied decisions, the matter is referred to a Larger Bench for a final determination on whether the end of the financial year or the date of duty payment should be considered for refund time limit calculation under Section 11B regarding Notification 80/80 eligibility.