The CGST Panipat Division had held that refund of duty deposit paid on or after the amendment of 2014 can invoke section 35FF of the Excise Act.
The appellant M/S Riba Textiles Limited registered for 100% EOU vide Customs Bonded Warehouse License and they were engaged in the manufacture and export of excisable goods. Interest was granted from the date of deposit as per the amended provisions of 35FF of the Central Excise Act, 1944. Before the insertion of Section 35FF of the Central Excise Act in 2008, there was no provision for the grant of an interest in case of delay in refund of pre-deposit made in pursuance to section 35F of the Central Excise Act, 1994. Section 35FF was inserted in Central Excise Act, 1944 vide Section 85 of the Finance Act, 2008. Section 35FF was further amended by the Finance Act, 2014 applicable w.e.f. 06.08.2014,
It was observed that from the very beginning interest @ 6 p.a. has been provided under section 35FF of the Central Excise Act, 1994, and provisions of amended section 35FF of the Central Excise Act, 1944 apply to only those deposits under section 35F of the Act, that was made on or after 06.08.2014.
It was that the party was entitled to claim only interest provided under the statute but they have claimed not only that which was not provided under the Central Excise Act, 1944 but also claimed interest over and above the rate notified by the government. Further contended that the party has not submitted anything in their defence against the show cause notice.
It was observed that the party failed to state their defence and they admitted the excess amount claimed amounting to Rs 1648109 for the period beyond the date of refund. All refund/rebate claims involving an amount of Rs. 5 lakhs or above should be subjected to pre-audit at the level of the jurisdictional Commissioner. In such cases, a suitable Order-in-original shall be passed by the Deputy/Assistant Commissioner of Central Excise. Since the claim is pre-audited with the concurrence of the Commissioner, the usual review proceedings under section 35E may not be necessary in such a case.
The Deputy Commissioner Maninder Kumar sanctioned the refund claim of the interest of Rs.6508274/- and the remaining claims of Rs.1648109/are rejected under Section 35FF of the Central Excise Act, 1944 and directed to made payment through e-payment (RTGS/NEFT).
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