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TMI BlogRebate of Excise duty admissible on both inputs & final productsX X X X Extracts X X X X X X X X Extracts X X X X ..... Rebate of Excise duty admissible on both inputs & final products - By: - Bimal jain - Central Excise - Dated:- 6-4-2016 - - Rebate of Excise duty admissible on both inputs final products Recently, the Hon ble Supreme Court of India Commissioner of Central Excise Nagpur and Anr Vs. Spentex Industries Ltd and Anr [ 2016 (4) TMI 174 - SUPREME COURT ] has dismissed the Review Petition filed by the Revenue against the judgement of the Hon ble Apex Court in the case of Spentex Industries Ltd. Vs. Commissioner of Central Excise [2015 (10) TMI 774 SUPREME COURT] ( the Spentax case ), wherein it was emphatically held that the exporters are entitled to both the rebates i.e. amount of duty paid on inputs used in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he manufacturing of exported goods as well as the amount of duty paid on exported final goods, under Rule 18 of the Central Excise Rules, 2002 ( the Excise Rules ). The Hon ble Supreme Court while dismissing the Review Petition of the Revenue, held as under: .We have carefully gone through the review petitions and the connected papers. We find no error, much less apparent, in the judgment impugned. The review petitions are, accordingly, dismissed . (Emphasis Supplied) Accordingly, the matter has attained certainty and the exporters can avail rebate of Excise duty paid on inputs used in exported goods as well the Excise duty paid on exported final products under Rule 18 of the Excise Rules . For ease of re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ference, we are discussing hereunder the judgment of the Hon ble Supreme Court earlier in the Spentax case: Issue: Whether the Assessee is eligible to claim rebate of Excise duty paid on inputs used in exported goods as well the Excise duty paid on exported final products under Rule 18 of the Excise Rules ? Facts Background: Spentex Industries Ltd. ( the Appellant ) is engaged in the business of manufacturing of polyester cotton blended yarn and polyester viscose blended yarn falling under Chapter 55 of the Central Excise Tariff Act, 1985 ( the goods ) which were cleared domestically as well as exported. For manufacturing of the goods, the Appellant used the raw materials, which was an intermediate produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and paid Excise duty thereupon. Thereafter, the Appellant had exported these goods on payment of Excise duty, and filed forty five Rebate claims in terms of Rule 18 of the Excise Rules for an amount of ₹ 1,46,90,995/- (Rs. 75,42,487/- + ₹ 71,48,508/-) in the months of November and December, 2004 respectively. The Rebate claims were filed for both the amount of duty paid on inputs used in the manufacturing of exported goods as well as the amount of duty paid on exported final goods. The Department rejected the Rebate claims filed by the Appellant holding that the Rebate claims are contrary to the provisions of Rule 18 of the Excise Rules read with Section 11B of the Central Excise Act, 1944 ( the Excise Act ) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Notification issued there under i.e. Notification No. 19/2004-CE-NT dated September 06, 2004 ( Notification No. 19 ). On appeal being filed to the Ld. Commissioner (Appeals), it was held that the Appellant is eligible to either rebate of the duty paid on inputs used in the manufacturing of exported goods or duty paid on exported goods but not eligible to both claims . Being aggrieved, the Appellant preferred Revision Application before the Joint Secretary to the Government of India under Section 35EE of the Excise Act , which was allowed and it was held that the Appellant was eligible to claim rebate of duty paid on inputs used in exported goods as well as the duty paid on exported goods. Thereafter, the Department filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a writ petition to Hon ble High Court of Bombay wherein it was held that the Appellant was eligible to claim only one rebate claim i.e. either rebate of duty paid on exported goods or the duty paid on inputs used in the exported goods but not eligible to both claims. Being aggrieved, the Appellant preferred Special Leave Petition before the Hon ble Apex Court against the Judgment of the Hon ble High Court of Bombay, which was allowed in favour of the Appellant. Held: The Hon ble Apex Court after considering historical perspective of the Statutory Scheme and relying upon the following judgments: R B Falcon (A) Pvt. Ltd. Vs. Commissioner of Income Tax [ 2008 (5) TMI 2 - Supreme court ] Desh Bandhu Gupta a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Co. and others Vs. Delhi Stock Exchange Association Ltd. [ 1979 (2) TMI 175 - SUPREME COURT OF INDIA ] Union of India Vs. Kamlabhai Harjiwandas Parekh and others [ 1967 (9) TMI 145 - SUPREME COURT ] State of Bombay Vs. R.M.D. Chamarbaugwala [ 1957 (4) TMI 55 - SUPREME COURT ] J. Jayalalitha Vs. Union of India [ 1999 (5) TMI 594 - SUPREME COURT ] Mazagaon Dock Ltd. Vs. The Commissioner of Income Tax and Excess Profits Tax [ 1958 (5) TMI 2 - SUPREME Court ] observed as under: Rule 18 of the Excise Rules is an enabling provision, which authorises the Central Government to issue a notification for grant of rebates. Exercising powers under this Rule, the Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Government has issued necessary notifications for rebate in respect of both the duties, i.e., on inputs/ intermediate product as well as on the final product, as under: Notification No. 19 : Dealing with grant of rebate of whole of duty on excisable goods exported; Notification No. 21/2004-CE(N.T.) dated September 06, 2004 ( Notification No. 21 ): Dealing with rebate of whole of the duty paid on excisable goods used in the manufacture or processing of exported goods. Normally, the words 'OR' and 'AND' are to be construed as per their literal meaning unless some other part of Statute or the clear intention of it requires that to be done. If the literal interpretation of these words gives an absurd m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eaning, the Court has power to construe the word 'OR' as 'AND' and vice-versa. Two alternative methods are provided under the Excise Rules , enabling an exporter of goods to get rid of the burden of paying the Excise duty, both on excisable goods as well as on materials used in the manufacture of goods, contained under Rule 18 and Rule 19 thereof. Rule 19 of the Excise Rules enable the exporter to receive the inputs to be used in manufacture of exported goods without payment of Excise duty and remove the exported goods without payment of Excise duty. The word 'OR' occurring in Rule 18 of the Excise Rules cannot be given literal interpretation as that leads to various disastrous results and, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, this word has to be read as AND as that is what was intended by the rule maker in the scheme of things and to carry out the objectives of the Rule 18 of the Excise Rules and also to bring it at par with Rule 19 thereof. The relevant extract of Rule 18 of the Excise Rules is reproduced hereunder for ease of reference: Where any goods are exported, the Central Government may, by notification, grant rebate of duty paid on such excisable goods or duty paid on materials used in the manufacture or processing of such goods and the rebate shall be subject to such conditions or limitations, if any, and fulfillment of such procedure, as may be specified in the notification Thus, the Hon ble Apex Court held that it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be the intention of the Legislature to provide rebate only on one item i.e. either on inputs or final products. It was further held that giving such restrictive meaning to Rule 18 of the Excise Rules would not only be anomalous and absurd, but, it would defeat the very purpose of grant of remission from payment of Excise duty in respect of the goods which are exported out of India. Hence, the Appellant was held to be entitled to both the rebates i.e. amount of duty paid on inputs used in the manufacturing of exported goods as well as the amount of duty paid on exported final goods, under Rule 18 of the Excise Rules . To view important Union Budget, 2016 changes in Indirect Taxes effective from April 1, 2016, please click ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the links below: Service Tax Cenvat Credit Rules, 2004 : http://www.a2ztaxcorp.com/union-budget-2016-important-changes-in-service-tax-and-credit-rules-effective-from-april-1-2016/ Central Excise Customs: http://www.a2ztaxcorp.com/union-budget-2016-important-changes-in-excise-customs-effective-from-april-1-2016/ Hope the information will assist you in your Professional endeavours. In case of any query/ information, please do not hesitate to write back to us. - Reply By surya narayana as = Dear Sir, Very nice article and discussed the aspects involved in the Apex Court decision very clearly. I have a doubt on claiming both the duty and credit on the inputs used in the export product simultaneously. To ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This is because .... Under Notification No. 19/2004 -CE (NT) - an exporter can claim the Terminal Excise duty paid on the export consignment based on the ARE1 together with the post export documents for proof of export aand the proof of payment of duty ( Cenvat copy for debit of duty) Whereas under Notification No. 21/2004-CE NT , the exporter has to prepare ARE2 declaring the input and output norms for arriving the amount of duty paid on the inputs used in the export goods. Considering the Apex court judgment that an exporter is eligible for both , it is practically difficult for an exporter to claim both the amounts on a particular export consignment either under ARE1 or ARE2. In view of this and the governm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent having not amended the Rules 18 of CCR,2002 or Notifications issued there under despite the Apex court decision , request your expert view as to how an exporter can claim both Duty and input stage credit simultaneously when there is two Notifications prescribing different procedure for claiming duty and input stage credit. Best Regards Thanks in advance Suryanarayana Dated: 6-4-2016 Reply By KASTURI SETHI as = I think in such situation the assessee has to forego input credit for entitlement of rebate claim on both duty paid on raw material and finished goods. I concur with views of Sh.Surya Narayana, Sir regarding practical difficulty to be faced by the claimant. All the judgements of all the courts are not always ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... error-proof. Dated: 7-4-2016 Reply By Tejas Shah as = Sir, I agree with Suryanarayana sir, I confused, if assessable value of final products includes cost of raw material (value + duty paid), then how they are eligible to claim rebate of Excise duty paid on inputs used in exported goods as well the Excise duty paid on exported final products. Best regards. Tejas Shah Dated: 15-4-2016 - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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