2013 (7) TMI 104 - CGOVT - Central Excise

Rebate of duty paid on the finished goods exported under Rule 18 of the Central Excise Rules, 2002 - Simultaneous claim of duty drawback and rebate - Held that - Hon ble High Court of Bombay at Nagpur Bench, in the case of CCE, Nagpur v. Indorama Textiles Ltd. 2006 (5) TMI 8 - HIGH COURT OF JUDICATURE (BOMBAY) wherein it was held that Rebate provided in Rule 18 of Central Excise Rules, 2002 is only on duty paid on one of the stages i.e. either on excisable goods or on materials used in manufacture or processing of such goods. Hence, assessee is not entitled to claim rebate of duty paid at both stages simultaneously i.e. duty paid at input stage as well as finished goods stage. The drawback is nothing but rebate of duty chargeable on materials used in manufacturing of exported goods and therefore allowing rebate of duty paid on exported goods will amount to allowing both types of rebates of duty at inputs stage as well as finished goods stage which will be contrary to the abovesaid judgment - already availed Central Excise portion duty drawback, the rebate of duty paid on finished exported goods can not be held admissible - since Applicant already availed input stage rebate of duty (excise portion) in the form of duty drawback - extending another benefit of rebate of duty paid on exported goods will definitely amount to double benefit. - Decided against the Assessee.

Summary

Issues Involved:
1. Admissibility of rebate claims under Rule 18 of the Central Excise Rules, 2002.
2. Simultaneous availment of duty drawback and rebate.
3. Interpretation of statutory provisions and notifications.
4. Compliance with conditions of relevant notifications.

Detailed Analysis:

1. Admissibility of Rebate Claims under Rule 18 of the Central Excise Rules, 2002:
The applicant, a manufacturer and exporter of surgical products, filed claims for rebate of duty paid on finished goods exported under Rule 18 of the Central Excise Rules, 2002. The adjudicating authority rejected these claims on the grounds that the applicant had already availed the benefit of duty drawback (Customs and Central Excise), making the rebate under Rule 18 inadmissible. This decision was upheld by the Commissioner (Appeals).

2. Simultaneous Availment of Duty Drawback and Rebate:
The applicant argued that Rule 18 and relevant notifications (19/2004-C.E. (N.T.) and 21/2004-C.E. (N.T.)) allow for two distinct types of rebates: one at the input stage and another at the finished goods stage. The applicant claimed drawback for input stage duties and sought rebate for finished goods stage duties. The government found that allowing rebate on finished goods while the applicant had already availed the duty drawback would result in double benefits, which is contrary to the provisions of Rule 18 and the judgment in the case of CCE, Nagpur v. Indorama Textiles Ltd. (2006).

3. Interpretation of Statutory Provisions and Notifications:
The government noted that both the applicant and the respondent relied on the same statutory provisions but differed in their interpretations. The relevant rules and notifications, when read harmoniously, indicate that while drawback can be claimed for input stage duties, rebate cannot be simultaneously claimed for finished goods if the duty drawback has already been availed. The government emphasized that the definition of "drawback" under the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, pertains to the rebate of duty on materials used in manufacturing export goods, and thus, claiming both rebates would be contrary to the established legal framework.

4. Compliance with Conditions of Relevant Notifications:
The applicant contended that the conditions of Notification No. 68/2007-Cus. (N.T.) did not bar the rebate of duty paid on finished exported goods. However, the government found that the applicant had paid duty on exported goods from the Cenvat credit account, violating condition No. 12(ii) of the said notification. This condition stipulates that no separate claim for inputs rebate will be made if duty drawback is claimed. The government concluded that allowing a rebate in this scenario would amount to a double benefit, which is impermissible.

Conclusion:
The government held that the rebate claims for duty paid on exported goods were inadmissible under Rule 18 of the Central Excise Rules, 2002, read with Notification No. 19/2004-C.E. (N.T.), as the applicant had already availed the duty drawback of the Central Excise portion. The revision applications were rejected, and the Orders-in-Appeal were upheld, finding no legal infirmity in the decisions of the lower authorities. The government's decision emphasized strict adherence to the statutory provisions and the prevention of double benefits.