2009 (4) TMI 738 - AT - Central Excise

Summary

Issues involved: Refund claim under Section 11B(1) of Central Excise Act, time bar for filing refund claim.

Refund Claim and Time Bar:
The case involved a refund claim under Section 11B(1) of the Central Excise Act, pertaining to duty exemption under Notification No. 108/95-C.E. The Appellant, a buyer of goods for a project, purchased Bitumen from Indian Oil Corporation without the required Essential Certificate, leading to duty payment. Subsequently, the necessary certificate was obtained, and a refund claim of Rs. 5,42,521/- was filed on 29-3-05. The claim was rejected by the Asstt. Commissioner and the Commissioner (Appeals) on grounds of time bar, as the purchase was made during 10-5-03 to 20-10-03, while the claim was filed on 29-3-05. The Appellant argued that the date of issue of the exemption certificate should be considered the relevant date for calculating the limitation period, citing Tribunal judgments supporting post-clearance production of certificates for duty exemption claims.

Appellant's Argument:
The Appellant contended that the duty exemption under Notification No. 108/95-C.E. should not be denied due to the post-clearance production of the required certificate, as it is a procedural requirement. They asserted that since the duty had been passed on to them by the supplier, they were eligible for a refund. The Appellant emphasized that the cause of action for the refund claim arose only upon receiving the exemption certificate, making its issue date the relevant date for the limitation period calculation. Reference was made to a Tribunal judgment in the Appellant's own case supporting this argument.

Revenue's Argument and Tribunal's Decision:
The Revenue argued that the relevant date for the refund claim, as per Explanation B to Section 11B, is the date of purchase of goods, not the issuance of the exemption certificate. Since the goods were purchased during 10-5-03 to 20-10-03 and the claim was filed on 29-3-05, it was deemed time-barred. The Tribunal upheld this view, stating that the Appellant's contention regarding the exemption certificate's issuance date as the relevant date was untenable. The Tribunal distinguished the Appellant's cited judgment, emphasizing the applicability of the purchase date as the relevant date for non-manufacturers in refund claims.

In conclusion, the Appellate Tribunal dismissed the appeal, finding no merit in the Appellant's argument regarding the limitation period for the refund claim. The Tribunal upheld the decision that the date of purchase of goods, not the issuance of the exemption certificate, was the relevant date for calculating the limitation period under Section 11B.