1997 (12) TMI 326 - AT - Central Excise

Summary

Issues:
1. Refund claim for duty paid on coated lacquered foil.
2. Redetermination of assessable value and recomputation of duty.
3. Appeal filed by the department against the order passed by the Collector (Appeals).
4. Availment of proforma credit on plain aluminium foil.

Analysis:

1. The appeal before the Appellate Tribunal relates to a refund claim for duty paid on coated lacquered foil. The respondent, a manufacturer of aluminium caps, contended that the lacquered foils were not excisable and thus not dutiable. The Assistant Collector initially rejected the claim, but the Collector (Appeals) later held that the coated lacquered foil was indeed not excisable and allowed the refund claim for a specific period. The department filed an appeal against this decision, and the current appeal memorandum refers to that appeal, assuming it is pending.

2. Following a remand by the Collector (Appeals), the Assistant Collector issued a fresh order allowing a refund after redetermining the assessable value and recomputing the duty. However, both parties challenged this order before the Collector (Appeals). The Collector (Appeals) only disposed of the appeal filed by the assessee, holding that the Assistant Collector erred in redetermining the assessable value. This decision is now being challenged in the current appeal.

3. The Appellate Tribunal determined that the coated lacquered foil was not excisable and, therefore, not dutiable. Consequently, the question of redetermining the assessable value based on the duty paid did not arise since the product was captively consumed and not sold. The Tribunal clarified that granting a refund for the coated lacquered foil would not impact the excise duty on the assessable value of the final product. The respondent was deemed entitled to a full refund of the duty paid on the foil, subject to verification of proforma credit on plain aluminium foil.

4. The Tribunal emphasized that if the respondent had availed proforma credit on the plain aluminium foil, the refund would be limited to the duty from the PLA account and not the duty paid out of the proforma credit. This condition was set to ensure the proper calculation and allocation of the refund amount based on the specific circumstances of the case.