2004 (4) TMI 427 - AT - Central Excise

Tribunal rules in favor of refund claim despite Revenue's time bar argument.

The Tribunal upheld the respondents' entitlement to a refund of pre-deposit duty amount initially sanctioned by the Asst. Commissioner, which was adjusted ... Refund - Consequential refund - Limitation Issues Involved:Refund of pre-deposit of duty amount sanctioned by the Asst. Commissioner and adjusted against outstanding demand; Denial of refund claim on the point of time bar.Analysis:The judgment by the Appellate Tribunal CESTAT, Mumbai dealt with the issue of refund of pre-deposit of duty amount originally sanctioned by the Asst. Commissioner and subsequently adjusted against outstanding demand. The appeal against the order confirming the duty demand was successful before the Tribunal, making the refund claim eligible for reimbursement to the respondents. The Revenue attempted to contest the claim on the grounds of time bar. However, the Commissioner (Appeals) overturned the lower authority's decision, emphasizing that the refund was necessitated by the Tribunal's order setting aside the demand against which the initial refund was adjusted. The Commissioner highlighted that in cases of consequential refunds resulting from appellate orders, the date of adjustment of the sanctioned refund claim is irrelevant. Citing precedents like the cases of M/s. Karan Packaging Pvt. Ltd. and M/s. Executive Engineer, K.S.E.B, the Commissioner upheld the respondents' right to the refund.In its analysis of the Revenue's appeal, the Tribunal found no flaws in the Commissioner (Appeals)'s reasoning. The Tribunal emphasized that the refund was already sanctioned, and only the execution of the reimbursement remained pending. The Revenue's decision to adjust the refund against the demand, which was later set aside by the Tribunal, was deemed inappropriate. The Tribunal reiterated that in such circumstances, the refund sanctioned by the Asst. Commissioner should have been granted suo motu, without any further delay. Consequently, the Tribunal dismissed the Revenue's appeal, affirming the respondents' entitlement to the refund as initially sanctioned.