MOTHERSONS SUMI SYSTEMS LTD. Vs. CCE

JUDGEMENT

(1.) HEARD both sides.

(2.) THE appellant filed these appeals against the common impugned order whereby the claim of the appellant in respect of refund of interest paid by them was rejected on the ground that there is no provision under the Central Excise Act or Rules for refund of the interest.

(3.) THE brief facts of the case are that the appellants are engaged in the manufacture of excisable goods and were working under the Modvat scheme. Certain inputs on which credit has been taken were transferred to their another unit and the duty was paid on the basis of valuation arrived at under Rule 8 and 9 of Central Excise Valuation Rules 2000. The amount was paid along with interest under protest. Subsequently, in pursuance to the Board's Circular dated 1.7.02 which clarifies the position regarding the credit in respect of the inputs transferred to the other unit on stock transfer basis. The appellant filed refund claims in respect of the excess duty paid and the interest. The adjudicating authority as well as Commissioner (Appeals) held that the appellants are entitled for the amount, which was paid in excess, however, their claim is hit by the principles of unjust enrichment This portion of the order is not being challenged by the appellant.