2000 (6) TMI 179 - AT - Central Excise

Summary

Issues:
1. Rejection of refund claims by Assistant Commissioner for excise duty paid on yarn procured as raw material.
2. Appellants' contention regarding being a 100% Export Oriented Unit (EOU) and entitlement to duty-free raw materials.
3. Appellants' argument on unjust enrichment in cases of captive consumption.
4. Compliance with conditions for duty exemption under Notification No. 1/95.
5. Applicability of provisions relating to unjust enrichment in cases of captive consumption.
6. Comparison with previous Tribunal and High Court judgments.
7. Final decision of the Appellate Tribunal CEGAT, New Delhi.

Analysis:

1. The appeal arose from the rejection of refund claims by the Assistant Commissioner for excise duty paid on yarn procured as raw material. The Assistant Commissioner found that the appellants had consciously chosen to procure the raw material by paying duty instead of availing duty-free options available to 100% EOU. The refund claim was deemed ineligible under Section 11B of the Central Excise Act, 1944 due to non-compliance with Modvat facility rules.

2. The appellants asserted their status as a 100% EOU entitled to duty-free raw materials. They argued that local yarn manufacturers were not well-informed about the incentives for EOUs, leading to the necessity of paying duty for yarn procurement. They cited Tribunal decisions supporting refund claims for captive consumption and contended that the benefit of duty exemption could still be claimed through refund claims.

3. The issue of unjust enrichment in cases of captive consumption was raised by the appellants. They relied on a Bombay High Court judgment to support their claim that unjust enrichment does not apply in cases of captive consumption. However, the Commissioner (Appeals) referred to a Madras High Court judgment holding a contrary view.

4. The Tribunal emphasized the importance of complying with conditions for duty exemption under Notification No. 1/95, specifically regarding the use of CT-3 certificates. The appellants' failure to follow the prescribed procedure rendered their claim for duty exemption invalid under the notification.

5. The Tribunal considered the applicability of provisions relating to unjust enrichment in cases of captive consumption. Referring to a recent Supreme Court decision, the Tribunal concluded that the principle of unjust enrichment applied to raw materials used for captive consumption, thereby rejecting the appellants' argument.

6. The Tribunal distinguished the present case from previous judgments cited by the appellants, highlighting the material differences in facts and compliance with exemption conditions. The Tribunal found no merit in the reliance placed on those judgments and upheld the decisions of the authorities below.

7. Ultimately, the Tribunal found no grounds to overturn the decisions of the lower authorities and rejected the appeal, affirming the rejection of the refund claims for excise duty paid on yarn procurement by the appellants.