2015 (6) TMI 375 - AT - Central Excise

Refund claim time limit upheld under CENVAT Credit Rules

M/s. ADF Foods Ltd (100% EOU) Versus Commissioner of Central Excise & Customs, Nasik

The court held that the appellant's refund claim filed beyond the one-year statutory time limit was not admissible, as the one-year limitation period ... Denial of refund claim - Bar of limitation - Whether the time limit of one year has provided under Section 11B is applicable for refund under Rule 5 - Held that:- Refund covers the duty of excise on excisable materials used in the manufacturing of goods which are exported out of India. In the present case, the refund is in respect of duty paid on material used in export goods. As per Section 11B(1), the application for refund should be filed before the expiry of one year from the relevant date. As per the definition of ‘relevant date' as mentioned above, as per sub-clause A and B where the refund of excise duty paid in respect of the excisable material used in the manufacture of export goods, the relevant period is one year from the date of export. It is observed that from clause (c) of proviso to sub-section 2 of Section 11B, it is clear that the refund of credit of duty paid on excisable goods used as inputs in accordance with Rule made, or under this Act, is also covered under Section 11B. The present claim being under Rule 5 and Notification No. 5/2006 - CE (NT) issued there under clearly falls under the said sub-Section (c). In view of this provision, it cannot be said that the time limit of one year as provided under Section 11B is not applicable to refund of Rule 5 of CENVAT Credit Rules, 2004, particularly, when there is a specific para 6 of Notification No. 5/2006-CE (NT) which prescribes the time limit of one year. GTN Engineering (I) Ltd. (2011 (8) TMI 960 - MADRAS HIGH COURT) time limit of one year is applicable in the case of refund under Rule 5 and Notification No. 5/2006 - CE (NT) issued there under. In view of above settled position, I am of the considered view that refund of the appellant filed after statutory time limit of one year is not admissible being time barred. Therefore, the impugned order is sustainable and the same is upheld. - Decided against assessee. Issues Involved:1. Applicability of the time limit under Section 11B of the Central Excise Act, 1944, to refund claims under Rule 5 of the CENVAT Credit Rules, 2004.2. Validity of the appellant's refund claim filed beyond the one-year period.Issue-wise Detailed Analysis:1. Applicability of the time limit under Section 11B of the Central Excise Act, 1944, to refund claims under Rule 5 of the CENVAT Credit Rules, 2004:The appellant argued that the limitation period under Section 11B of the Central Excise Act, 1944, does not apply to refund claims under Rule 5 of the CENVAT Credit Rules, 2004. They contended that the refund sought was for accumulated CENVAT credit and not for excise duty paid on exported goods or excisable materials used in manufacture. The appellant relied on several judgments, including *Global Energy Industries Vs. CCE, Ahmedabad* and *Elcomponics Sales Pvt. Ltd. Vs. CCE, Noida*, to support their claim that the one-year limitation period should not apply.Conversely, the respondent argued that as per Paragraph 6 of Notification No. 5/2006-CE (NT), the refund application under Rule 5 must be filed within the period specified under Section 11B of the Central Excise Act, 1944. The respondent cited judgments such as *CCE, Coimbatore Vs. GTN Engineering (I) Ltd.* and *Affinity Express India Pvt. Ltd. Vs. CCE, Pune - I* to assert that the one-year time limit is applicable to the present case.Upon reviewing the submissions, it was noted that Paragraph 6 of Notification No. 5/2006-CE (NT) explicitly states that the refund application must be filed before the expiry of the period specified in Section 11B. The relevant portion of Section 11B was examined, which mandates that any refund application must be submitted within one year from the relevant date.2. Validity of the appellant's refund claim filed beyond the one-year period:The appellant's refund claim for the period ending June 2007 was filed on 04.07.2008, beyond the one-year period. The court observed that according to the explanation in Section 11B, the term 'refund' includes the duty of excise on excisable materials used in the manufacture of goods exported out of India. Therefore, the relevant date for filing the refund claim is one year from the date of export.The court also noted that under Clause (c) of the proviso to Sub-section 2 of Section 11B, the refund of credit of duty paid on excisable goods used as inputs is covered, thus making the one-year time limit applicable to refunds under Rule 5 of the CENVAT Credit Rules, 2004. The court referred to the judgment of the Hon'ble High Court of Madras in *GTN Engineering (I) Ltd.*, which clarified that the relevant date for refund claims under Rule 5 should be the date of export of the goods.The court distinguished and departed from the judgments cited by the appellant, such as *Swagat Synthetics* and *STI India Ltd.*, and upheld the position that the one-year time limit is applicable to refund claims under Rule 5 and Notification No. 5/2006-CE (NT).Conclusion:The court concluded that the refund claim filed by the appellant beyond the statutory time limit of one year is not admissible as it is time-barred. Consequently, the impugned order rejecting the refund claim was upheld, and the appeal was dismissed.