2015 (6) TMI 430 - AT - Central Excise

Denial of refund claim - Refund of advance duty paid - Surrender of license - Ban on manufacture of gutkha - Held that - The ground on which the Commissioner (Appeals) has reversed the Assistant Commissioner s order sanctioning the refund is factually incorrect as from the Appellant s letter to the Assistant Commissioner it is absolutely clear that the appellant wanted to stop the manufacture of gutkha permanently in view of ban on its manufacture and sale. - Assistant Commissioner has refunded the disputed amount strictly under Rule 16 of the Pan Masala Packing Machines Rules. The appellants was required to be intimated to surrender all their registration for permanent closure of their machines which the appellant has complied with. Therefore, I hold that learned Assistant Commissioner has correctly sanctioned the refund claim under Rule 16 of the Pan Masala Packing Machines Rules of an amount of ₹ 14,70,768/-.

Summary

Issues:
1. Refund claim for duty after permanent closure of manufacturing due to ban on gutkha and pan masala.
2. Commissioner (Appeals) reversing refund claim sanction based on Rule 9 and 16 of Pan Masala Packing Machines Rules.
3. Applicability of Rule 16 for refund calculation and adjustment.
4. Payment of interest on delayed duty payment not relevant to the refund claim.

Analysis:
1. The appellant, a gutkha manufacturer, ceased operations due to a ban by the State Government, leading to a refund claim for duty paid in advance. The appellant informed authorities of permanent closure on 26/07/12 and surrendered registration on 30/07/12. The refund claim was initially sanctioned by the Assistant Commissioner under Rule 16 of the Pan Masala Packing Machines Rules, allowing pro-rata calculation of duty for the closure period.

2. The Commissioner (Appeals) reversed the refund order, citing the appellant's letter as insufficient evidence of permanent closure. However, the appellant's clear communication of the ban's impact on manufacturing activities and the sealing of machines on 27/07/12 supported the claim for refund under Rule 16. The reversal was deemed factually incorrect.

3. Rule 16 was found applicable as the appellant fulfilled the conditions for surrendering registration and permanent closure. The Assistant Commissioner correctly applied Rule 16 in sanctioning the refund claim amounting to &8377; 14,70,768, aligning with the pro-rata duty calculation for the closure period. The appellant's compliance with surrendering all registrations further supported the refund under Rule 16.

4. The argument raised by the Revenue regarding interest on delayed duty payment was deemed irrelevant to the refund claim proceedings. The focus remained on the refund claim for the period of permanent closure, and any interest demand should have been pursued separately. The impugned order was set aside, and the appellant's appeal was allowed with consequential relief, emphasizing the correctness of the refund under Rule 16.

This detailed analysis highlights the key legal aspects and procedural adherence in the judgment concerning the refund claim post the permanent closure of manufacturing operations due to the ban on gutkha and pan masala, emphasizing the application of Rule 16 and the factual clarity supporting the refund sanction.