1997 (3) TMI 193 - AT - Central Excise

Tribunal denies cash refund appeal under Notification No. 201/79, citing Clause 9(b) provisions. /79 (b)

The Tribunal dismissed the appeal, ruling that the appellant's eligibility for refund did not entitle them to a cash refund under Notification No. 201/79. ... Set-off of duty Issues:1. Interpretation of Notification No. 201/79 regarding set-off of duty on excisable goods.2. Denial of cash refund by lower authorities under Clause 9(b) of the notification.3. Comparison of present case with precedents regarding cash refund eligibility.Analysis:The case involved the interpretation of Notification No. 201/79 concerning the set-off of duty on excisable goods. The appellant, engaged in manufacturing cycles and parts, filed a refund claim for excess duty paid on finished products. The Assistant Collector partially allowed the claim but withheld cash refund of a balance amount based on the notification's provisions. The Collector (Appeals) upheld this decision, leading to the current appeal.The notification exempted excisable goods using raw materials falling under Tariff Item No. 68 from duty equivalent to that paid on inputs. The appellant's claim for cash refund was denied under Clause 9(b) of the notification, which prohibits cash refund of duty credit. The lower authorities relied on this clause to withhold cash refund based on the method of duty payment on finished products.The appellant cited precedents to support their claim for cash refund, including cases where delays in credit utilization led to cash refunds. However, the Tribunal distinguished those cases from the present situation. In this case, the appellant had utilized the duty credit for paying duty on final products, and the refund was claimed due to initial duty payment on a higher value. The Tribunal found no grounds to interfere, as the notification's provisions were clear on refund eligibility and method.In conclusion, the Tribunal dismissed the appeal, emphasizing that the appellant's eligibility for refund did not entitle them to cash refund under the notification. The decision aligned with the notification's provisions, ensuring consistency and upholding the bar on cash refunds as outlined in Clause 9(b) of the notification.