2012 (5) TMI 91 - HC - Central Excise

Applications for rebate/refund of the CVD or additional duty paid on the inputs utilized for manufacture rejected - Held that - A harmonious and cumulative reading of provisions of Section 3 of the customs Tariff Act there was no good cause or reason why CVD paid should not be or was not intended to be included in the term duty in the notification No. 21/2004 - CVD which is imposed is equal to the excise duty and partakes the character of excise duty - the rebate of duty paid as CVD on the Imported inputs utilized in the manufacture/processing of exported goods is admissible under Rule 18 of the Central Excise Rules, 2002 - The amendment notification No. 12/2007 ensures that it fully applies to all cases and there is no discrimination - person who claims exemption or concession has to establish that he is entitled to the concession or exemption - once the assessee satisfies the eligibility clause/criteria, exemption therein to be construed liberally if the contextual construction does not deserve the strict meaning - in favour of assessee.

Issues Involved:
1. Entitlement to rebate/refund of Countervailing Duty (CVD) under Rule 18 of the Central Excise Rules, 2002.
2. Nature of the amendment made by notification No. 12/2007 and its retrospective or prospective application.
3. Interpretation of Section 3 of the Customs Tariff Act, 1975 concerning CVD.
4. Applicability of the principle of strict interpretation to exemption notifications.

Issue-wise Detailed Analysis:

1. Entitlement to Rebate/Refund of CVD:
The respondent No. 2 assesses, manufacturer exporters of stainless steel utensils, applied for rebate/refund of CVD paid on inputs used for manufacturing under Rule 18 of the Central Excise Rules, 2002, read with notification No. 21/2004-CE(NT) dated 6th September 2004. The Government of India, through the Joint Secretary, held that the respondents are entitled to rebate/refund of the CVD paid on the inputs. The reasoning was that the CVD charged on imported goods is at par with the excise duty payable on similar domestic goods, thus making it eligible for rebate under Rule 18.

2. Nature of the Amendment by Notification No. 12/2007:
The notification No. 12/2007, effective from 1st March 2007, included CVD in the definition of "duty" for the purposes of rebate. The central issue was whether this amendment was clarificatory and thus retrospective, or substantive and prospective. The revisionary authority concluded that the amendment was clarificatory, aiming to rectify an anomaly, and thus should be applied retrospectively. This conclusion was supported by precedents, including the case of M/s Banswara Syntex Ltd. and the Supreme Court's decision in Belapur Sugar & Allied Inds. Ltd., which interpreted similar amendments as clarificatory.

3. Interpretation of Section 3 of the Customs Tariff Act, 1975:
Section 3 of the Customs Tariff Act, 1975, imposes an additional duty (CVD) on imported goods equivalent to the excise duty on similar goods produced domestically. The court emphasized that CVD is considered excise duty for all purposes, including rebates. The judgment referenced multiple precedents, including the Supreme Court's rulings in Hyderabad Industries Limited and S.K. Pattanaik, which clarified that CVD is treated as excise duty and should be eligible for the same rebates and credits.

4. Applicability of the Principle of Strict Interpretation to Exemption Notifications:
The court acknowledged that exemption notifications should be interpreted strictly. However, it also noted that once eligibility criteria are met, the provisions should be construed liberally to fulfill the notification's purpose. The court cited several Supreme Court decisions, including Commissioner of Central Excise vs. Hari Chand Shri Gopal and Bhai Jaspal Singh vs. Asstt. Commissioner of Commercial Taxes, to support a balanced approach that avoids absurd results and ensures the notification's intent is honored.

Conclusion:
The High Court dismissed the writ petitions, upholding the revisionary authority's decision that the respondents were entitled to rebate/refund of CVD paid on inputs used for manufacturing exported goods. The court held that the amendment by notification No. 12/2007 was clarificatory and thus retrospective, ensuring that CVD is treated as excise duty for rebate purposes. The judgment emphasized a harmonious interpretation of relevant laws and rules to support the rebate claims and avoid anomalous situations.

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