2004 (97) ECC 144 (Tri)

CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL

New Delhi -- Bench-NB(SM)

Shri P.S. Bajaj, Member (J)

Banswara Syntex Ltd.

Versus

Commissioner of Central Excise, Jaipur-II

Appeal No. E/1542/2003/NB(SM)

[Arising out of Order-in-Appeal No. 85(AKD)CE/JPR-II/2003 dated 9.4.2003 passed by the Commissioner (Appeals), Central Excise, Jaipur-II]

Final Order No. A/963/2004/NB/(SM), dt. 3.6.2004, Certified on 24.6.2004

Interest (C. Excise)

Adjustment under Section 11AB of CE Act, 1944 -- Since Rs. 1,61,247 were outstanding against the appellants on account of interest payable by them under Section 11AB, that amount has been rightly adjusted from the rebate claim of the appellants. There is no illegality in the impugned order. Under Section 11 of the Act, the competent authority has got the power to adjust the outstanding dues i.e. duty, interest, etc., from the refund or rebate claim of the assessee unless those dues had been quashed or set aside by the competent authority.

Appeal stands dismissed

PRESENT :

Shri K.K. Anand, Adv. for the appellant.

Shri Randhir Singh, JDR for the respondent.

Per : P.S. Bajaj

In this appeal filed against the impugned Order-in-Appeal, the issue relates to the adjustment of the interest amount under Section 11AB against the rebate claim sanctioned to the appellants.

2. I have heard both the sides and gone through the record. The learned Counsel was contended that such an adjustment could not be made and the entire rebate claim sanctioned to the appellants was required to be paid to them in cash. Therefore, the impugned order deserves to be set aside. But I am unable to subscribed to this contention of the learned Counsel. Under Section 11 of the Act, the competent authority has got the power to adjust the outstanding dues i.e. duty, interest, etc., from the refund or rebate claim of the assessee unless those dues had been quashed or set aside by the competent authority. Since Rs. 1,61,247 were outstanding against the appellants on account of interest payable by them under Section 11AB, that amount has been rightly adjusted from the rebate claim of the appellants. I do not find any illegality in the impugned order of the Commissioner (Appeals). The appeal of the appellants stands dismissed.

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