1998 (7) TMI 186 - AT - Central Excise

Summary

Issues:
- Appeal against rejection of refund claim for duty paid second time on sugar clearance after reprocessing under Rule 173H of Central Excise Rules.

Analysis:

The appeal was filed by M/s. Kisan Sahkari Chini Mills Ltd. challenging the rejection of their refund claim for duty paid a second time on sugar clearance after reprocessing. The Appellants argued that they had obtained permission to bring the duty paid sugar for reprocessing under Rule 173H. They contended that after realizing the absence of permission under Rule 173L, they applied for a refund within the six-month time limit from the duty payment date. The Appellants emphasized that the duty was paid twice, making them eligible for a refund without falling under the unjust enrichment clause.

The Respondents, on the other hand, argued that the refund claim made by the Appellants in January 1996 was time-barred under Section 11B of the Central Excise Act. They highlighted that the Commissioner (Appeals) had deemed the Appellants' earlier letter as not compliant with Rule 173-S. However, the Tribunal observed that once permission was granted under Rule 173H, the duty payment upon sugar clearance after reprocessing was unnecessary. The Tribunal noted that the refund claim should have been assessed under Rule 173H, not Rule 173L, as done by the lower authorities.

The Tribunal found that the Assistant Commissioner and the Commissioner (Appeals) had failed to address the refund claim properly. It clarified that the time limit specified under Section 11B applies to goods received for reprocessing under Rule 173L, which was not the case here. The Tribunal ruled in favor of the Appellants, stating that if duty was paid erroneously, a refund could be claimed within the prescribed time limit. Moreover, the Tribunal determined that the unjust enrichment provision did not apply since duty had been paid twice on the sugar quantity. Consequently, the matter was remanded to the Assistant Commissioner for reconsideration of the refund claim under the appropriate legal provisions. The appeal was allowed by way of remand, with instructions for expeditious handling due to the significant amount involved.