2008 (7) TMI 777 - AT - Central Excise

Supreme Court exempts duty on pollution control equipment, High Court remands case for consumer duty incidence

The Supreme Court ruled that duty was not payable on pollution control equipment under the compounded levy scheme. The High Court set aside the Tribunal's ... Refund - Limitation Issues involved:The judgment involves issues related to duty liability under the compounded levy scheme u/s 3A of the Central Excise Act, 1944, refund claims, unjust enrichment, and time bar.Duty Liability under Compounded Levy Scheme:The Tribunal initially dismissed appeals due to a dispute regarding duty liability under the compounded levy scheme u/s 3A of the Central Excise Act. The High Court set aside the Tribunal's order and remanded the matter for consideration of various pleas, including whether duty incidence was passed on to consumers. The appellants, engaged in processing man-made fabrics, paid duty based on chamber size. A doubt arose regarding duty on pollution control equipment (galleries), which the Supreme Court ruled duty was not payable on. The appellants filed refund claims for duty paid on galleries.Refund Claims and Unjust Enrichment:Two appeals were made for refund amounts, rejected initially on grounds of unjust enrichment and time bar. The Advocate argued for remand to verify evidence of unjust enrichment, citing a similar case where refund was sanctioned upon verification. The time bar issue was contested with evidence of refund claim filing in 2000, despite subsequent returns and resubmissions due to administrative reasons. The Commissioner's finding of lack of evidence for filing in 2003 was deemed contradictory, as the record showed the initial filing in 2000.Decision and Remand:The Tribunal found the refund claim rejection based on time bar in one appeal unjustified and set it aside. Both appeals were remanded to the Adjudicating Authority for verification of evidence regarding unjust enrichment. The Advocate presented a Chartered Accountant's certificate on unjust enrichment, requiring verification. Ultimately, both appeals were allowed by way of remand for further examination by the Adjudicating Authority.