2018 (10) TMI 631 - AT - Central Excise

Appellant's Refund Appropriation Appeal Upheld; Cross Objections Validated by High Court

The appellant was entitled to a refund but it was appropriated against outstanding interest amounts. The Revenue's appeal was upheld, stating the refunded ... Appropriation of refund sanctioned against the outstanding interest amounts - finalization of provisional assessment - whether the sanctioned refunds have to be made in cash or in RG 23A Part-II as credit? - Held that:- On being questioned learned Advocate fairly agrees that such duties were originally paid out of the credit account only and not in cash. He has further fairly agreed that the appellant is in a position to use the said credited amount for payment of duties in future. If that be so, I really fail to understand the appellant’s contention to receive refunded amounts in cash. The duties having been paid out of the credit amount has to be refunded to the credit account only and cannot be allowed to be refunded in cash - appeal disposed off. Issues:1. Appropriation of refund against outstanding interest amounts.2. Maintainability of cross objections against Revenue's appeal.3. Mode of refund - cash or credit in RG 23A Part-II.Analysis:1. The appellant worked under provisional assessments and became entitled to a refund of Rs. 4,02,757, which was sanctioned but appropriated against outstanding interest amounts. The Revenue appealed against this, arguing that the refunded amount should be credited to the assessee's RG-23A Part-II, while interest should be paid in cash. The appellant contended that the appropriation was improper due to a stay against the interest confirmation and lack of clarity on the interest demand being adjusted. The Commissioner (Appeals) upheld the Revenue's stand and allowed their appeal, rejecting the appellant's cross objections.2. The Commissioner (Appeals) based his decision on a Tribunal's ruling in Gee Kay Enterprises vs. Commissioner of Central Excise, Bangalore-I. However, this Tribunal decision was overruled by the Karnataka High Court in Southern Auto Products vs. Commissioner of C. Ex. Bangalore-I, establishing the maintainability of cross objections before the Commissioner (Appeals). The appellant's cross objections were found to be valid, contrary to the Commissioner's ruling.3. The main contention left was whether the sanctioned refunds should be made in cash or credited in RG 23A Part-II. The Commissioner (Appeals) agreed with both sides that the refund cannot be adjusted against outstanding interest amounts. The appellant argued for cash refund, but it was noted that duties were originally paid from credit accounts and could be used for future payments. Therefore, the appellant's plea for cash refund was dismissed, and the appeal was disposed of in favor of crediting the refund amount to the credit account.