2001 (11) TMI 184 - AT - Central Excise

Tribunal lacks jurisdiction over export rebate claim appeal due to specific Central Excise Rules

The Tribunal dismissed the appeal regarding a rebate claim for exports, upholding that it lacked jurisdiction to decide on rebate claims falling under ... Tribunal, Jurisdiction - Rebate of duty - Limitation Issues:1. Jurisdiction of the Tribunal to decide on rebate claims related to duty of excise on goods exported.2. Time bar issue in relation to the rebate claim filed beyond the prescribed time limit.Analysis:1. The appeal sought to set aside an Order-in-Appeal regarding a rebate claim for exports. The Commissioner (Appeals) found the rebate claim admissible despite being filed beyond the time limit. The lower authority rejected the claim as time-barred, leading to an appeal by the revenue. The Tribunal considered the proviso under Section 35B, which limits its jurisdiction on rebate claims related to excise duty on exported goods. Citing a Larger Bench judgment, the Tribunal concluded it lacked jurisdiction to decide on rebate claims falling under Rules 12 to 14A of the Central Excise Rules. The Tribunal upheld the preliminary objection raised, dismissing the appeal due to lack of jurisdiction.2. The Addl. Commissioner clarified that the main issue was the time bar for the rebate claim, not its admissibility. The Department contended that the appeal should be allowed based on the time limit violation, as prescribed under Section 11B. The Tribunal agreed that the issue of time bar fell within the substantive law related to rebate claims governed by Rules 12 to 14A of the Central Excise Rules. Despite arguments from the Department and the Chartered Accountant, the Tribunal upheld that it lacked jurisdiction to decide on the time bar issue of the rebate claim. Consequently, the appeal was dismissed on grounds of jurisdiction, as the Tribunal could not entertain matters related to rebate claims beyond the specified rules and limitations.