2003 (10) TMI 503 - AT - Central Excise

Summary

Issues:
1. Appeal against Order-in-Appeal No. 78/2002-C.E.
2. Refund claim of Rs. 1,71,231.
3. Final assessment order revision and refund restriction.
4. Unjust enrichment grounds for refund rejection.
5. Claim for refund based on molasses valuation.
6. Appeal rejection and legal correctness of Commissioner's order.

Issue 1: Appeal against Order-in-Appeal No. 78/2002-C.E.
The appeal was filed against Order-in-Appeal No. 78/2002-C.E. passed by the Commissioner of Central Excise (Appeals), Bangalore. Despite previous adjournments, the appellants did not appear, indicating a lack of seriousness in pursuing the appeal.

Issue 2: Refund claim of Rs. 1,71,231.
The appellants filed a refund claim of Rs. 1,71,231 after finalizing provisional assessment. However, the final assessment order was revised, reducing the excess duty paid to Rs. 78,681. The Deputy Commissioner rejected the restricted refund claim citing unjust enrichment grounds. The Commissioner (Appeals) stated that if proof of destruction of molasses is provided, refund of Rs. 78,681 should be granted.

Issue 3: Final assessment order revision and refund restriction.
The final assessment order was revised, leading to a reduction in the excess duty paid by the appellants. A show cause notice was issued to restrict the refund amount to Rs. 78,681, which was rejected by the Deputy Commissioner based on unjust enrichment grounds.

Issue 4: Unjust enrichment grounds for refund rejection.
The Deputy Commissioner rejected the restricted refund claim on the grounds of unjust enrichment. The appellants claimed that the duty-paid molasses were destroyed in the presence of State Government Excise officials to support their refund claim.

Issue 5: Claim for refund based on molasses valuation.
The appellants claimed they were entitled to a refund of Rs. 92,550 due to a variance in the valuation of molasses. However, since no appeal was filed against the assessment order, the plea for excess refund based on molasses valuation could not be considered at the refund claim stage.

Issue 6: Appeal rejection and legal correctness of Commissioner's order.
The Tribunal found that since no appeal was filed against the assessment order, the plea for excess refund based on molasses valuation could not be entertained during the refund claim stage. The order passed by the Commissioner (Appeals) was deemed legally correct and upheld, resulting in the rejection of the appeal.