2009 (11) TMI 761 - AT - Central Excise

Refund claim - rejection on the ground that the appellants obtained approval as SEZ unit only on 27-10-2006 and they were eligible for procuring duty free goods thereafter - Held that - even if the refund is not strictly admissible on the ground that procedure was not followed, it is required to examine whether appellants were eligible in the normal course for the refund if the goods have been exported, The refund claim has been blindly rejected only after examining with respect to SEZ Act and procedure prescribed by the Government - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Eligibility for refund of duty paid on excisable goods procured before approval as a Special Economic Zone (SEZ) unit.

Detailed Analysis:
The case involved the appellants, who were manufacturing pharmaceutical products and had applied for approval as a SEZ unit. They procured excisable goods before obtaining approval, leading to a refund claim rejection by lower authorities. The main contention was whether the benefit as an SEZ unit is available from the date of application or only after approval. The advocate for the appellants relied on a Supreme Court decision to support the argument that benefits should be available from the application date. On the other hand, the respondent argued that without specific provisions, such benefits cannot be extended.

The Commissioner (Appeals) rejected the claim, stating that benefits under SEZ rules would only apply after obtaining approval. However, the judge found merit in the appellant's argument that benefits should be effective from the application date. Drawing a parallel with Small Scale Industry (SSI) units, where benefits are extended from the application date, the judge emphasized that the objective of SEZ units is to promote exports. The judge highlighted that even if the refund procedure was not strictly followed, eligibility for refund should be examined based on whether the goods were exported. Since there was no evidence that the goods were not exported, the rejection of the refund claim was deemed inappropriate. Citing the Supreme Court decision, the judge allowed the appeal, stating that the refund should be granted as the goods were received after the application but before approval as an SEZ unit.

In conclusion, the judgment emphasized the importance of considering the application date for eligibility of benefits as an SEZ unit and highlighted the need to examine export status for refund claims. The judge allowed the appeal, granting consequential relief to the appellants.