LLOYDS STEEL INDUSTRIES LIMITED Vs. CESTAT

JUDGEMENT

(1.) Petitioner questions the order dated 26-2-2004 passed by the Customs, ExciseService Tax Appellate Tribunal (for short "CESTAT") in Appeal Nos. E/3693/2001 and E/3721/2001-Mum. [2004 (170) E.L.T. 224 (Tri.-Mum.)]. As the appeal filed by the department has been allowed, petitioner/assessee was expected to return to department the amount of Excise duty received back by it as refund. That has been stayed by this Court on 16-9-2004. Nobody has appeared for petitioner. We have perused record with assistance of Advocate Shri S.N. Bhattad who appears for the respondents.

(2.) Facts show that petitioner manufactured and supplied steel coils to Railwaysother customers. Excise Duty was paid as per law when the coils were removed/cleared for delivery to Railways and other customers out of factory. Railways and other customers later on have returned said coils to petitioner. Petitioner thereafter cut the coil bundle into small pieces and then supplied it to some other customers. While effecting later supplies, again at the point of removal, Excise Duty has been paid.

(3.) Petitioner therefore applied for refund of Excise Duty paid by it earlier at the time of supply to Railways and other customers. The claim was entertained under Rule 173L and after Appellate order, amount is also refunded to it.