1995 (11) TMI 146 - AT - Central Excise

Summary

Issues:
Interpretation of Section 11A of the Central Excises & Salt Act, 1944 regarding the relevant date for refund sanction order. Whether the subsequent letter dated 22-9-1987 constitutes a fresh sanction in supersession of the earlier sanction dated 17-7-1987.

Analysis:

The Collector of Central Excise and Customs, Cochin filed a reference application under Section 35G of the Central Excises and Salt Act, seeking clarification on the relevant date for refund sanction order under Section 11A. The Tribunal examined the case where a refund was sanctioned on 17-7-1987, and a subsequent letter dated 22-9-1987 was issued. The Tribunal upheld the order-in-appeal passed by the Collector of Central Excise (Appeals), Madras, stating that the refund sanction date of 17-7-1987 was crucial. The Tribunal held that the subsequent letter dated 22-9-1987 was a clarification and not a fresh sanction superseding the earlier order. The legal position under Section 11A was considered, stating that the demand for erroneously granted refunds can only be raised with reference to the date of refund. The Tribunal found the demand dated 4-2-1988 to be barred by limitation as the refund had been appropriated on 17-7-1987.

The Tribunal emphasized that the contents of the Assistant Collector's letters dated 17-7-1987 and the legal implications were crucial. The Assistant Collector's letter of 17-7-1987 stated the refund amount, which was adjusted against sums due to the Department. The Tribunal highlighted that appropriation could only occur after refund sanction. The letter confirmed appropriation and issuance of a refund cheque for the balance amount. The subsequent letter of 22-9-1987 was deemed superfluous as the refund had already been settled. The Tribunal concluded that the date of refund was 17-7-1987, and the demand dated 4-2-1988 was time-barred. The subsequent letter did not extend the limitation period.

The Tribunal dismissed the application, stating that no question of law arose from their order. The Tribunal affirmed that the notice of demand was correctly held to be barred by limitations by the Collector (Appeals) and upheld in the Tribunal's order. The application for reference to the High Court was rejected based on the correct interpretation of the law and facts of the case.