1985 (11) TMI 138 - AT - Central Excise

Corporation lacks standing to claim duty refund under Notification No. 195/76. Only ultimate consumers eligible.

The Tribunal dismissed the appeal, holding that the appellants, a corporation, lacked locus standi to claim a refund of duty paid by the manufacturer ... Remission of duty on industrial use of duty paid goods Issues Involved:1. Rejection of refund claims by the Assistant Collector of Central Excise.2. Applicability of exemption Notification No. 195/76-C.E.3. Compliance with Chapter X procedure of Central Excise Rules, 1944.4. Locus standi of the appellants to claim refund of duty paid by the manufacturer (I.O.C.).Detailed Analysis:1. Rejection of Refund Claims by the Assistant Collector of Central Excise:The appellants filed two refund claims totaling Rs. 14,68,257, which were rejected by the Assistant Collector of Central Excise, Burdwan. The appellants' subsequent appeal to the Appellate Collector of Central Excise, Calcutta, was also rejected, leading to the current appeal before the Tribunal. The Assistant Collector's order dated 30-7-1981 noted that the appellants did not follow the Chapter X procedure and did not produce documents evidencing payment of duty, deeming the claims time-barred.2. Applicability of Exemption Notification No. 195/76-C.E.:The refund claims pertained to the exemption Notification No. 195/76-C.E. dated 10-6-1976, which exempted furnace oil from duty in excess of forty rupees per kilolitre, provided it was used otherwise than as feedstock in the manufacture of fertilizers and the Chapter X procedure was followed. The appellants argued that the exemption was intended for the benefit of the buyers of the furnace oil and that the failure to follow Chapter X procedure should not bar their refund claims.3. Compliance with Chapter X Procedure of Central Excise Rules, 1944:The appellants purchased furnace oil from I.O.C. during the period 10-6-1976 to 9-10-1979, with excise duty paid at the normal rate by I.O.C. The procedure in Chapter X of the Central Excise Rules was not followed, as the CT-2 certificate required under the Chapter X procedure was not obtained until 2-5-1979. The Assistant Collector observed that furnace oil was received in violation of Notification No. 195/76, and even after obtaining the CT-2 certificate, other requirements of Chapter X procedure were not met.4. Locus Standi of the Appellants to Claim Refund of Duty Paid by the Manufacturer (I.O.C.):The Department raised a preliminary objection regarding the appellants' locus standi to claim a refund of the duty paid by I.O.C. The Department argued that only the person who paid the duty (I.O.C.) could claim the refund, citing several judicial decisions, including Union of India v. Silchar Electric Supply Company Ltd., Akhil Bandhav Chemical Industries v. Union of India, and Mahindra and Mahindra Ltd. v. Collector of Central Excise, Bombay. The Tribunal noted that these decisions supported the view that only the person who paid the duty could claim a refund.The appellants contended that Notification No. 195/76 linked the exemption to the end-use of the furnace oil, implying that the exemption was intended for the buyers. They argued that Rule 11, relating to claims for refund of duty, applied to 'any person' and not only to a manufacturer. However, the Tribunal found that the judgments cited by the appellants related to the question of unjust enrichment and were not directly relevant to the present case.The Tribunal concluded that the appellants, being a corporation functioning on commercial lines and not the ultimate consumers of the furnace oil, could not claim the refund. The ultimate consumers, such as farmers, who bore the burden of the duty, would be entitled to any remission or refund. The Tribunal held that the appellants had no locus standi to make the refund claim or to file further appeals, and accordingly dismissed the appeal as not maintainable.