1995 (1) TMI 174 - AT - Central Excise

Appellate Tribunal grants refund under Rule 173L, recognizing retesting and recalibration processes.

The Appellate Tribunal allowed the appeal, granting the appellant the refund claimed under Rule 173L of the Central Excise Rules, 1944. The Tribunal held ... Return of duty paid goods - Refund Issues:Refund claim under Rule 173L of Central Excise Rules, 1944 rejected by lower authorities based on interpretation of terms 'remade, refined, reconditioned' - Whether the process of retesting, rechecking, and recalibration falls within the purview of Rule 173L.Analysis:The appeal before the Appellate Tribunal CEGAT, New Delhi arose from the rejection of a refund claim under Rule 173L of the Central Excise Rules, 1944 by the Collector (Appeals), New Delhi. The appellant, a manufacturer of Pneumatic and Electronic Industrial Process Control Instruments, had filed a refund application for goods returned to the factory under Rule 173L after the customer did not accept delivery. The lower authorities rejected the claim, stating that the processes of retesting, rechecking, and recalibration did not meet the criteria of 'remade, refined, reconditioned' as required by the rule.The lower authorities, including the Assistant Collector and the Collector, held that the goods were not returned for the purposes specified in Rule 173L, which include remaking, refining, or reconditioning. They emphasized that the rule contemplates situations where goods are defective or not up to the mark and are returned for specific processes to qualify for duty refund. However, the appellant argued that the processes of retesting, rechecking, and recalibration were essential to make the goods fit for resale to other customers, thereby adding value to the products.Upon careful consideration, the Appellate Tribunal found that the lower authorities' interpretation was not sustainable. Rule 173L allows for a refund of duty on excisable goods returned to the factory for processes like remaking, refining, reconditioning, or any other similar process. The Tribunal noted that the rule encompasses 'any other similar process in the factory,' indicating flexibility in the types of processes eligible for duty refund. The Tribunal agreed with the appellant that the processes undertaken, including retesting, rechecking, and recalibration, were aimed at making the goods reusable and fit for resale, aligning with the purpose of Rule 173L.In conclusion, the Appellate Tribunal allowed the appeal, granting the appellant the refund claimed under Rule 173L. The Tribunal emphasized that the processes carried out by the appellant, though not explicitly listed in the rule, fell within the scope of 'any other similar process in the factory,' making the appellant eligible for the duty refund.