2011 (3) TMI 11 - HC - Central Excise

Assessee denied relief under Notification No.33/99-CE; Section 11A inapplicable, Revenue barred by Section 35-E remedy

HC held the assessee was not entitled to relief under Notification No.33/99-CE; issues raised did not pertain to rate or valuation and Section 11A was ... Entitlement of the benefit of exemption under Notification No.33/99-CE - assessee played some kind of a fraud for obtaining the refund under section 11C - HELD THAT:- Section 11A of the Act not applicable since the issue raised did not concern any approval, acceptance or assessment relating to the rate of duty on or valuation of any excisable goods - issue raised by the assessee related to its entitlement to the benefit of Notification No.33/99-CE - no question of law much less a substantial question of law arise – Even otherwise, the Revenue could not take recourse to Section 11A of the Act when it had a statutory remedy available to it to challenge the order dated 29.4.2002 passed by the Assistant Commissioner of Central Excise, Silchar by resorting to the revisional power available under Section 35-E of the Act. - Appeal dismissed Issues:1. Interpretation of Section 11A of the Central Excise Act, 1944.2. Validity of invoking Section 11A for recovery after a final order.3. Applicability of Section 35-E for challenging orders.Analysis:1. The judgment concerns the interpretation of Section 11A of the Central Excise Act, 1944. The Revenue sought recovery under this section, alleging fraud by the assessee in obtaining a refund. However, the court analyzed the provision and concluded that Section 11A applies only in specific circumstances related to duty levy, payment, or valuation of excisable goods. In this case, the issue was the assessee's entitlement to a specific exemption, not a duty-related matter, making Section 11A inapplicable.2. The court examined the validity of invoking Section 11A after a final order had been passed in favor of the assessee. It noted that the Assistant Commissioner's order in 2002, granting the benefit to the assessee, had not been challenged by the Revenue through the available revisional power under Section 35-E. The court emphasized that circumventing the statutory remedy by resorting to Section 11A was impermissible. It held that the Revenue could not initiate parallel proceedings to challenge the earlier order through Section 11A.3. The judgment also addressed the applicability of Section 35-E for challenging orders. It highlighted that the Revenue's failure to utilize the revisional power under Section 35-E to challenge the Assistant Commissioner's order rendered the attempt to use Section 11A inappropriate. The court emphasized that statutory remedies must be followed as prescribed by law. Consequently, the court dismissed the appeal, stating that no substantial question of law arose for consideration.In conclusion, the judgment clarifies the limitations of Section 11A, emphasizes the importance of following statutory remedies, and underscores the impermissibility of circumventing prescribed legal procedures.