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2022 (9) TMI 899 - HC - Central Excise100% EOU - Time Limitation - relevant date for consideration of refund claim - whether the initial date of submission of the subject refund claim on 31.03.2008 is the relevant date for computation of the period of limitation under Section 11B of the Central Excise Act, 1944 for refund of unutilized CENVAT Credit for the period 2006-07? - HELD THAT - In appellant's own case M/S. SURETEX PROPHYLACTICS INDIA PRIVATE LIMITED, M/S. MACH AERO COMPONENTS PVT. LTD., M/S. CONTINENTAL AUTOMOTIVE COMPONENTS (INDIA) PVT. LTD. VERSUS THE COMMISSIONER OF CENTRAL EXCISE CUSTOMS SERVICE TAX BANGALORE I 2020 (5) TMI 225 - KARNATAKA HIGH COURT this Court has held that the application for claiming refund of unutilized CENVAT Credit should be within the limitation or time prescribed under Section 11-B of the Central Excise Act, 1944. It has been further held that the time limit has to be computed from the last date of the last month of the quarter which would be the relevant date for the purposes of examining whether the claim is filed within the period of limitation prescribed under Section 11-B or otherwise. In the instant case, for the financial year 2006-07, which ends on 31.03.2007, the application has been filed on 31.03.2008 - In view of the admission by the Revenue in the statement of facts that the application was filed on 31.03.2008, the assessee's argument is accepted that the application was filed on 31.03.2008. This appeal merits consideration so far as the refund claim for the last quarter is concerned - Appeal allowed in part.
Issues:
1. Computation of period of limitation under Section 11B of the Central Excise Act, 1944 for refund of unutilized CENVAT Credit for the period 2006-07. Analysis: The judgment by the Karnataka High Court involved a case where the appellant, a 100% EOU engaged in manufacturing and exporting rubber contraceptives, submitted an application on 31.03.2008 for refund of unutilized CENVAT Credit of Rs.15,93,863 for various Input Services for the Financial year 2006-07. Initially, the Deputy Commissioner of Service Tax returned the application, stating it should be processed by the jurisdictional Central Excise or Customs Authority. The appellant resubmitted the application to the Assistant Commissioner of Customs, Bengaluru, which was later rejected on grounds of being beyond the period of limitation. The Commissioner of Central Excise (Appeals) allowed the appeal and remitted the matter for reconsideration. The Revenue challenged this decision before the CESTAT, which remanded the matter to the original Authority for fresh orders. In the appeal, the appellant argued that the Commissioner (Appeals) rightly relied on a previous judgment and remanded the matter correctly, while the CESTAT erroneously applied Section 11-B of the Central Excise Act, 1944 for refund claims. The Revenue contended that the application was beyond the limitation period, citing a previous case where a similar application was filed within the prescribed time frame. The Court referred to its previous judgment in Suretex Prophylactics India (P) Limited Vs. Commissioner of Central Excise, Customs and Service Tax, where it held that the application for refund of unutilized CENVAT Credit must be within the prescribed time limit under Section 11-B. It emphasized that the time limit should be computed from the last date of the last month of the quarter. In this case, the application was filed on 31.03.2008, which the Revenue initially admitted in their statement of facts. The Court accepted the appellant's argument that the application was indeed filed on 31.03.2008, considering the lack of clarity regarding the submission location. Based on its previous judgment and relevant notifications, the Court concluded that the application filed on 31.03.2008 could only be considered for the last quarter of the financial year 2006-07. Therefore, the appeal was allowed in part, directing the original authority to process the refund application for the period from 01.01.2007 to 31.03.2007 within three months in accordance with the Central Excise Act, 1944. This detailed analysis of the judgment provides a comprehensive understanding of the legal issues, arguments presented, and the Court's decision regarding the computation of the period of limitation for refund claims under the Central Excise Act, 1944.
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