2018 (2) TMI 1229 - AT - Central Excise

Refund granted for duty paid on supplementary invoices under Central Excise Act

M/s. Sree Lakshmi Precision Tools Versus Commissioner of Central Excise, Chennai-III

M/s. Sree Lakshmi Precision Tools Versus Commissioner of Central Excise, Chennai-III - TMI Issues:Refund claim rejection based on customer non-payment, Interpretation of duty liability on enhanced price, Applicability of section 11B of the Central Excise Act, 1944, Legal validity of supplementary invoices, Precedent cases comparison.Refund Claim Rejection Based on Customer Non-Payment:The case involved M/s. Sree Lakshmi Precision Tools seeking a refund of duty amounting to &8377; 55,500, as their customer did not honor the enhanced price charged through supplementary invoices. The original authority rejected the claim citing that duty refund cannot be granted if the customer has not paid the price. The appellants argued that since the customer did not accept the proposed price revision, the duty paid on supplementary invoices should be refunded. The Tribunal noted that the duty liability is based on the assessable value of goods, which must be 'actually paid or payable.' As the customer did not pay the enhanced price, the duty paid on supplementary invoices is eligible for refund as per section 11B of the Act.Interpretation of Duty Liability on Enhanced Price:The Tribunal analyzed the definition of 'transaction value' under section 4(3)(d) of the Central Excise Act, 1944, emphasizing that duty liability is based on the price actually paid or payable. Since the customer did not pay the additional price indicated in the supplementary invoices, the appellants were not legally obliged to discharge duty on the unpaid price component. Therefore, the duty paid on supplementary invoices is deemed refundable, subject to statutory provisions.Applicability of Section 11B of the Central Excise Act, 1944:The Tribunal clarified that the rejection of the refund claim was solely based on the non-payment issue and not due to time bar or unjust enrichment concerns. The duty paid by the appellants on supplementary invoices was held eligible for refund under section 11B, as the customer did not pay the enhanced price, aligning with the legal requirement of duty liability on the price actually paid or payable.Legal Validity of Supplementary Invoices:The Tribunal referred to precedents, including the case of Commissioner of Central Excise vs. M/s. Amul Industries Pvt. Ltd., to support its decision. The Tribunal emphasized that if an assessee fails to realize an additional amount from customers, they are not required to pay duty on the uncollected amount. The duty paid on supplementary invoices, where the enhanced price was not received from customers, is eligible for refund as per the legal principles established in relevant case laws.Precedent Cases Comparison:By citing the precedent case of M/s. Amul Industries Pvt. Ltd., the Tribunal reinforced its decision that duty payment is not required on uncollected enhanced values. The Tribunal set aside the impugned order, allowing the appeal with consequential benefits as per law, based on the legal principles established in the referenced case law.This detailed analysis of the judgment highlights the key legal aspects considered by the Appellate Tribunal CESTAT CHENNAI in resolving the issues raised in the case.