2008 (7) TMI 228 - HC - Central Excise

Rebate claims rejected on the ground of being barred by limitation u/s 11B - delay on part of the Customs Department in providing export promotion copy of shipping bill - if the Customs Authorities delay parting with a copy of shipping bill bearing necessary endorsement, an assessee cannot be put to disadvantage on the ground of limitation - petitioner was not at fault in making the claim belatedly claim not deniable petition allowed

Summary

Issues Involved:
1. Rejection of rebate claims due to filing beyond the statutory period of limitation.
2. Interpretation of Section 11B of the Central Excise Act, 1944.
3. Application of paragraph 2.4 of the CBEC Manual regarding incomplete claims due to non-availability of documents.

Detailed Analysis:

Issue 1: Rejection of Rebate Claims Due to Filing Beyond the Statutory Period of Limitation

The petitions were filed by a partnership firm engaged in manufacturing and exporting chemicals, challenging the rejection of their rebate claims on the grounds of being filed beyond the statutory period of limitation as prescribed under Section 11B of the Central Excise Act, 1944. The petitioner argued that the delay was due to the customs authorities' delay in providing the necessary Export Promotion (E.P.) copy of the shipping bills, which was beyond their control.

Issue 2: Interpretation of Section 11B of the Central Excise Act, 1944

Section 11B stipulates that any claim for a refund of duty, including a rebate, must be made before the expiry of one year from the relevant date and must be accompanied by the necessary documentary evidence. The Revisional Authority held that the Commissioner (Appeals) erred in ignoring the statutory time limit, as established by the Supreme Court in the case of U.O.I. v. Kirloskar Pneumatic Company, which stated that statutory authorities cannot ignore prescribed time limits.

Issue 3: Application of Paragraph 2.4 of the CBEC Manual Regarding Incomplete Claims Due to Non-Availability of Documents

Paragraph 2.4 of the CBEC Manual provides that in cases where documents are unavailable due to reasons solely attributable to the Central Excise or Customs Department, the claim may be admitted so that the claimant is not disadvantaged by the limitation period. The petitioner contended that the Revisional Authority misinterpreted this provision by insisting that even an incomplete claim should have been filed within the limitation period, which was not feasible due to the delay caused by the customs authorities.

Court's Analysis and Judgment:

The Court held that the Revisional Authority erred in its interpretation of Section 11B and paragraph 2.4 of the CBEC Manual. The Court emphasized that the provision in paragraph 2.4 was meant to ensure that an assessee is not disadvantaged due to delays caused by the customs or excise departments. The Court clarified that the requirement to file a claim with all requisite documents within the limitation period is not absolute when the delay is due to the department's lapse.

The Court further noted that the CBEC Manual's provision aims to prevent hardship to the assessee by allowing claims to be admitted with respect to the limitation period when the delay is beyond the assessee's control. The Court concluded that the petitioner could not be faulted for the delay in filing the rebate claims as the necessary documents were not provided by the customs authorities in time.

Conclusion:

The Court quashed the orders of the Revisional Authority and the Adjudicating Authority, directing them to reconsider the rebate claims in light of the correct interpretation of Section 11B and paragraph 2.4 of the CBEC Manual. The Court allowed the petitions, emphasizing that the statutory period of limitation should be considered in light of the availability of requisite documents and that procedural requirements should aid justice rather than defeat it.

Separate Judgments:

The Court delivered a similar judgment in Special Civil Application No. 1174 of 2005, applying the same reasoning and directions as in Special Civil Application No. 12862 of 2004. The orders-in-original dated 11-10-2004 were quashed and set aside, and the petition was allowed with no order as to costs.