2008 (3) TMI 601 - AT - Central Excise

Summary

Issues:
- Appeal against the order of the Commissioner (Appeals) regarding refund claim rejection and interest calculation.

Summary:
The appellant initially filed a refund claim of Rs. 11,61,631/-, which was rejected, with the main dispute revolving around the inclusion of the gallery portion in determining the Annual Production Capacity (APC). The Hon'ble High Court of Gujarat, in response to a petition, ordered the quashing of the previous order and allowed the appellant to file a fresh refund claim. Subsequently, the Original Authority re-determined the APC as per the court's directions. The appellant then filed a fresh refund claim, which was partially sanctioned without interest. The Commissioner (Appeals) directed the payment of interest for the delayed refund amount and ordered the refund of additional amounts with interest. The appellant also claimed interest on excise duty paid under protest on the gallery portion stenter from the date of the original claim.

The legal representative argued that the duty collection on the gallery portion was against the Supreme Court decision and should be refunded with interest from the original claim date. The Commissioner (Appeals) decision was defended by the SDR. The Commissioner (Appeals) justified the interest calculation based on the date of the fresh claim submitted in compliance with the High Court's order, stating that the refund became admissible only after finalizing the APC. Consequently, the appeal was rejected, upholding the Commissioner (Appeals) decision as legally sound and proper.