D.K.Jain, CJ. - (1.) This appeal, by the Revenue, under Section 35(G) of the Central Excise Act, 1944 (for short, `the Act') is directed against order, dated 10.10.2003, passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for short, `the Tribunal'), in Appeal No.E/2258/03- NB (SM). According to the Revenue, the order of the Tribunal involves the following substantial question of law: "Whether duty paid at the time of clearance of goods and collected from customers can be refunded if post clearance transaction is made through credit notes ?"
(2.) The respondent- assessee applied for refund claim of Rs.1,02,152/- for the period from July, 2001 to March, 2002 on the ground that they had passed on various discounts to the buyers during the said period by issuing credit notes. It was pleaded that at the time of removal of the goods, it was not possible to know the quantum of discount, that was to be deducted from the transaction value, and the rate difference to be allowed to the customers.
(3.) Though, the adjudicating authority agreed with the assessee, in principle, but directed that the said refund be credited to the Consumer Welfare Fund, as stipulated in Section 11-B of the Act.;