2004 (7) TMI 232 - AT - Central Excise

Tribunal allows refund for duty paid on scrap, citing legal precedents

The Tribunal upheld the decision allowing the claim for refund of the differential duty paid by the respondents, rejecting the Revenue's appeal. The ... Refund claim - Cenvat/Modvat - Reversal of Issues:Classification of waste material under specific Chapter Headings, Duty payment as per tariff duty, Claim for refund of differential duty, Availment of Modvat credit, Bar of unjust enrichment under Section 11B of Central Excise Act, 1944.Classification of Waste Material:The Assistant Commissioner changed the classification of waste material by the respondents under specific Chapter Headings and directed them to pay duty as per the tariff duty. The Tribunal set aside this order, stating that scrap is not an excisable commodity and not specified in the Central Excise Tariff. A claim for refund of differential duty paid under protest on a higher rate of duty was directed.Claim for Refund and Modvat Credit:The Deputy Commissioner rejected the refund claim, citing that the assessee had availed Modvat credit on inputs that went into waste and scrap cleared on payment of duty without evidence of reversal of such credit. The Commissioner (Appeals) set aside this order, holding that the refund was admissible. The Tribunal upheld this decision, stating that there is no requirement to reverse credit of duty when inputs are contained in waste and scrap, following precedents like Aarti Drugs Ltd. v. Commissioner of Central Excise.Bar of Unjust Enrichment:The Deputy Commissioner argued that the claim for refund was hit by the bar of unjust enrichment under Section 11B of the Central Excise Act, 1944. The Commissioner (Appeals) found that a specific amount was not admissible under unjust enrichment but allowed the refund of the remaining amount. The Tribunal upheld this decision, noting that the appellant was already examined by the Commissioner (Appeals) and found no grounds in the Revenue's appeal on this aspect.In conclusion, the Tribunal rejected the Revenue's appeal against the grant of the refund amount, upholding the decision that the refund claim was not liable for rejection based on the non-reversal of Modvat credit and finding no grounds to support the operation of the doctrine of unjust enrichment. The Tribunal relied on precedents and legal provisions to support its decision, ensuring that the respondents were entitled to the refund amount as directed by the Commissioner (Appeals).