2025 (2) TMI 179 - AT - Central Excise

Section 11B Central Excise Act inapplicable when excess duty under compounded levy scheme adjusted against future liability

CESTAT Ahmedabad held that section 11B of the Central Excise Act, 1944 does not apply to cases where excess duty paid under a compounded levy scheme is ... Applicability of section 11B of the Central Excise Act, 1944 relating to claim for refund of duty - applicable in a matter where adjustment is claimed by an assessee of excess amount of duty paid against future duty liability in terms of rule 96ZO of the Central Excise Rules 2002 [Rules] or not - HELD THAT:- The adjustment made of the excise duty made in the month of March 2000 was denied to the appellant by the order dated 25.09.2001 for the reason that the appellant should have applied for refund of the excess amount of duty paid under section 11B of the Central Excise Act as the excess duty was paid by the appellant under section 3 of the Central Excise Act. In the present appeal, the scheme framed under section 3A of the Central Excise Act and rule 96ZO of the Central Excise Rules is also a compounded levy scheme. It provides for a mechanism where duty liability can be adjusted - The law laid down by the Supreme Court in Hans Steel Rolling [2011 (3) TMI 2 - SUPREME COURT] for applicability of section 11A of the Central Excise Act would also be applicable to the provisions of section 11B of the Central Excise Act. It has, therefore, to be held that the provisions of section 11B of the Central Excise Act would not be applicable to cases where excess duty paid is adjusted against future duty liability in terms of the provisions of the compounded levy scheme contained in the notification dated 01.08.1997 issued under section 3A of the Central Excise Act and rule 96ZO of the Central Excise Rules. The appellant had not paid duty under section 3 of the Central Excise Act for the month of August 1997, as admittedly the duty of Rs. 750 per metric tonne was paid under rule 96ZO of the Central Excise Rules and it is only because subsequently the said rule was made applicable from 01.09.1997 and not 01.08.1997 that the appellant became entitled to adjustment of excess central excise duty paid for the month of August 1997. Conclusion - Section 11B of the Central Excise Act would not be applicable to matters covered by section 3A of the Central Excise Act as the provisions of the said section and the rules framed thereunder are self-contained and do not admit of applicability of section 11B of the Central Excise Act. The appeal may now be placed before the Division Bench of the Tribunal for deciding the appeal on merits. ISSUES PRESENTED and CONSIDEREDThe core legal issues considered in this judgment are:1. Whether section 11B of the Central Excise Act, 1944, which pertains to the claim for refund of duty, is applicable when an assessee seeks adjustment of an excess amount of duty paid against future duty liability under rule 96ZO of the Central Excise Rules, 2002.2. The nature of levy and discharge under section 3A of the Central Excise Act, particularly in light of the decision in Mohinder Steels Ltd. vs. Commissioner of C. Ex., Chandigarh.ISSUE-WISE DETAILED ANALYSIS1. Applicability of Section 11B of the Central Excise ActRelevant legal framework and precedents: Section 11B of the Central Excise Act deals with the procedure for claiming a refund of duty paid in excess. The Tribunal had conflicting decisions in K.B. Rolling Mills, which held that section 11B was applicable, and Kothi Steel, which held it was not. The Larger Bench in Mohinder Steels and the Supreme Court in Hans Steel Rolling Mill provided guidance on the applicability of general provisions to specific schemes.Court's interpretation and reasoning: The Court analyzed whether the compounded levy scheme under section 3A and rule 96ZO allows for self-contained adjustment mechanisms that exclude the applicability of section 11B. The Court relied on the Supreme Court's decision in Hans Steel Rolling, which emphasized that compounded levy schemes are distinct and self-contained, thus excluding the application of general refund provisions like section 11B.Key evidence and findings: The appellant paid excess duty for August 1997 due to a notification change and sought to adjust this excess against future liabilities. The Commissioner rejected this adjustment, insisting on a refund claim under section 11B.Application of law to facts: The Court found that the appellant's payment under rule 96ZO was eligible for adjustment within the scheme's framework, without resorting to section 11B. The excess payment for August 1997 was deemed 'any amount already paid,' qualifying for adjustment under rule 96ZO.Treatment of competing arguments: The Court considered arguments from previous Tribunal decisions and the Supreme Court's ruling, ultimately siding with the interpretation that section 11B does not apply to the compounded levy scheme under section 3A.Conclusions: Section 11B is inapplicable to adjustments under the compounded levy scheme of section 3A and rule 96ZO. The scheme is self-contained, allowing for internal adjustments of excess payments.2. Nature of Levy Under Section 3ARelevant legal framework and precedents: Section 3A allows the Central Government to levy excise duty based on production capacity, distinct from the standard levy under section 3. The Mohinder Steels decision clarified the distinct nature of such schemes.Court's interpretation and reasoning: The Court interpreted section 3A as establishing a unique levy system, separate from the standard excise duty framework. This interpretation aligns with the Supreme Court's view that compounded levy schemes operate independently of general excise provisions.Key evidence and findings: The Court noted that the appellant's duty payment was made under the compounded levy scheme, not under the standard provisions of section 3, reinforcing the self-contained nature of the scheme.Application of law to facts: The Court determined that the appellant's payment under section 3A and rule 96ZO was correctly characterized as part of the compounded levy scheme, thus not subject to section 11B.Treatment of competing arguments: The Court reviewed conflicting Tribunal decisions and the Supreme Court's stance, concluding that section 3A's scheme is distinct and self-contained.Conclusions: Section 3A's compounded levy scheme is self-contained, and its provisions govern the adjustment of duty payments without recourse to section 11B.SIGNIFICANT HOLDINGSCore principles established: The Court established that the compounded levy scheme under section 3A of the Central Excise Act is a self-contained mechanism for duty adjustments, excluding the applicability of section 11B. The scheme provides its own procedures for adjusting excess payments against future liabilities.Final determinations on each issue: The provisions of section 11B do not apply to the compounded levy scheme under section 3A and rule 96ZO. The appellant's adjustment of excess duty paid was permissible within the scheme's framework, and the Commissioner's rejection based on section 11B was incorrect.The Tribunal concluded that the scheme framed under section 3A of the Central Excise Act and rule 96ZO of the Central Excise Rules is self-contained, and section 11B of the Central Excise Act does not apply. The appeal was directed to be placed before the Division Bench for a decision on merits.