1999 (9) TMI 326 - AT - Central Excise

Summary

Issues:
1. Refund claim not time-barred.
2. Classification of the product under Chapter sub-heading 2404.60.
3. Impact of change/increase in rates of duty on pricing.

Analysis:
1. The applicant contended that the appeal was against an order where the issues of refund claim not being time-barred, product classification under sub-heading 2404.60, and pricing despite duty rate changes were settled. The Tribunal's Final Order observed that for a refund claim to be valid, there must be a change in classification or duty rate, which was not proven in this case, leading to the claim being inadmissible.

2. The appellant argued that the focus of the appeal was not on classification but on whether the classification should be determined first based on a previous order before considering the refund claim to avoid unjust enrichment. The Commissioner (Appeals) had noted that the refund claim was not based on the CEGAT's order, emphasizing the need for classification before filing a refund claim.

3. The Tribunal referenced a Supreme Court judgment stating that a refund claim cannot be made based on another party's case, emphasizing that each party must establish its claim independently. The appellant's reliance on a subsequent classification decision by the Commissioner (Appeals) was deemed invalid as the refund claim predated this decision, indicating no apparent mistake in the Tribunal's final order, leading to the rejection of the Review Application.