2014 (8) TMI 179 - AT - Central Excise

Denial of refund claim - Suo moto credit - assessee held as entitled to take CENVAT Credit of duty already paid - Instead of taking credit assessee filed refund claim - Held that - In this case, in-spite of opting for taking suo motu credit the respondents field a refund claim and the said refund claim was rejected as time barred which was not challenged by the respondent. In these circumstances, without challenging the rejection of refund claim, the respondents are not entitled to take suo motu credit. - Decided in favour of Revenue.

Summary

Issues:
Appeal against allowing suo motu credit by the Commissioner (Appeals) - Entitlement to CENVAT credit - Rejection of refund claim as time-barred - Challenge to rejection of refund claim - Interpretation of relevant case laws - Validity of taking suo motu credit despite rejected refund claim.

Analysis:
The judgment pertains to an appeal by the Revenue against the Commissioner (Appeals) allowing the respondent to take suo motu credit. The respondent, after the withdrawal of the facility to pay duty fortnightly, continued to pay duty through CENVAT credit account, which was objected by the Revenue. Subsequently, the respondent paid duty through PLA and claimed CENVAT credit. The refund claim by the respondent was rejected as time-barred, not challenged, and the adjudicating authority confirmed the objection. The Commissioner (Appeals) allowed the credit, stating that as no refund claim was required, the respondent was entitled to suo motu credit. The Revenue contended that without challenging the rejection of the refund claim, the respondent cannot avail suo motu credit, citing a relevant case. The respondent argued that since no refund claim was necessary, the rejection did not impact their right to credit, supported by case laws.

The Tribunal analyzed the arguments and case laws presented. It distinguished the current case from precedents where the benefit was granted without challenging the assessment or where the facts were different. In this instance, despite taking suo motu credit, the respondent also filed a refund claim, which was rejected and not contested. The Tribunal held that without challenging the rejection of the refund claim, the respondent could not claim suo motu credit. The Tribunal found the impugned order lacking merit and set it aside, allowing the Revenue's appeal. The judgment emphasizes the importance of challenging adverse decisions to claim entitlement to credits and benefits under the law.