2022 (12) TMI 562 - HC - Central Excise

Claim of rebate (refund) - Export of goods - Period of limitation - Rule 18 of the Central Excise Rules, 2002 - Notification No. 19/2004 - Claim of interest on delayed rebate / refund - HELD THAT - The Hon ble Supreme Court 2022 (12) TMI 49 - SUPREME COURT has answered the question in favour of the Revenue as, while making claim for rebate of duty under Rule 18 of the Central Excise Rules, 2002, the period of limitation prescribed under Section 11B of the Central Excise Act, 1944 shall have to be applied and applicable. Decided against the Petitioner.

Summary

Issues:
1. Legal question of whether the application for rebate of excise duty on goods exported during specific periods is barred by a limitation period of one year.
2. Interpretation of whether the period of limitation prescribed under Section 11B of the Central Excise Act, 1944 is applicable to claims for rebate of duty under Rule 18 of the Central Excise Rules, 2002.

Analysis:
1. The writ petition sought various reliefs, including quashing an order rejecting the claim of rebate filed under specific notifications and rules, granting the rebate claimed, payment of interest for delay, and declarations regarding the time-limit applicability. The legal question posed was whether the rebate claims made for goods exported during certain periods were barred by a one-year limitation period. The petitioner argued that the limitation prescribed by an amending notification would not apply retrospectively. The respondents were given time to file a counter affidavit, and the case was listed for further proceedings.

2. The petitioner referenced a recent Supreme Court judgment in a related matter, where the issue of the applicability of the limitation period under Section 11B of the Central Excise Act to rebate claims under Rule 18 was settled. The Supreme Court held that the limitation period is indeed applicable to such claims, and any claims beyond the prescribed period are rightly rejected. The Court dismissed the appeal in that case, affirming the rejection of claims due to being beyond the limitation period. Consequently, the challenge to the rejection of rebate claim in the present case failed, leading to the dismissal of the writ petition.

This analysis highlights the specific reliefs sought, the legal question posed, the reference to a relevant Supreme Court judgment, and the ultimate dismissal of the writ petition based on the settled legal position regarding the limitation period for rebate claims under the Central Excise Act.