2025 (3) TMI 1407 - HC - Customs

CBIC must reconsider duty drawback applications, include clean energy cess, and issue reasoned orders per Instruction No. 4/2019.

Vedanta Limited Versus Central Board Of Indirect Taxes And Customs & Ors.

The HC directed the CBIC Drawback Division to reconsider the Petitioner's duty drawback applications, emphasizing the need for a reasoned order. The Court ... Challenge to non-grant of relief in terms of drawback under Instruction No. 4/2019 issued by Central Board of Indirect Taxes and Customs - Petitioner’s case is as soon as the Instruction No. 4/2019 was issued, within a period of three months, the representations have been made - HELD THAT:- The reason for rejection, if any, ought to be spelt out and the order cannot be simply a cryptic order stating that the same has not been considered favourably. This Court is of the opinion that the CBIC, Drawback Division ought to look into the matter and pass a reasoned order on the representations of the Petitioner while considering the purpose and the rationale behind issuance of the said Instruction No. 4/2019 dated 11th October 2019. Conclusion - The CBIC, Drawback Division, must reconsider the Petitioner's applications and issue a reasoned order. The present writ petition may be treated as a representation and a reasoned order may be passed by the CBIC, Drawback Division within three months - Petition disposed off. ISSUES PRESENTED and CONSIDEREDThe core legal issues considered in this judgment are: Whether the clean energy cess should be included in the calculation of the brand rate for duty drawback purposes. Whether the Petitioner's applications for duty drawback were barred by limitation. Whether the Central Board of Indirect Taxes and Customs (CBIC) Drawback Division's rejection of the Petitioner's applications was valid, particularly in light of Instruction No. 4/2019. Whether the CBIC had the authority to relax the limitation period under Rule 17 of the Customs and Central Excise Duties Drawback Rules, 1995.ISSUE-WISE DETAILED ANALYSISInclusion of Clean Energy Cess in Duty Drawback CalculationThe legal framework for this issue revolves around Instruction No. 4/2019 issued by the CBIC, which clarified the inclusion of the clean energy cess in the brand rate for duty drawback. The Court interpreted this instruction to mean that the clean energy cess, collected as an additional duty under the Customs Tariff Act, should be included in the calculation of the brand rate. The instruction was not merely prospective; it also applied to pending applications.The Court found that the Instruction explicitly stated that field formations should handle pending applications in accordance with the new guidance. Thus, the Petitioner's claim that the clean energy cess should be included was supported by the legal framework established by the CBIC.Limitation Period for Duty Drawback ClaimsThe Customs and Central Excise Duties Drawback Rules, 1995, provide a limitation period of three months, extendable by another three months, for claiming duty drawbacks. The Petitioner's counsel argued that the limitation should not apply because the Petitioner was unaware of the eligibility to claim the clean energy cess until the issuance of Instruction No. 4/2019.The Court noted that the CBIC Drawback Division rejected the Petitioner's applications on the grounds of being time-barred without providing detailed reasons. The Court emphasized that the Instruction allowed for the consideration of pending applications, suggesting that the strict application of the limitation period might not be appropriate in this context.Validity of CBIC's Rejection of ApplicationsThe Court criticized the CBIC Drawback Division for issuing a cryptic rejection of the Petitioner's applications, lacking detailed reasoning. The Court found that the rejection merely stated that the request for relaxation was not considered favorably, without addressing the substantive arguments or the rationale behind the Instruction No. 4/2019.The Court underscored the necessity for administrative bodies to provide reasoned orders, especially when rejecting claims based on new clarifications or instructions.Authority to Relax Limitation PeriodUnder Rule 17 of the Customs and Central Excise Duties Drawback Rules, 1995, the Central Government has the power to relax the limitation period if the exporter has failed to comply with the provisions for reasons beyond their control. The Petitioner's counsel argued that this rule should apply given the lack of clarity before Instruction No. 4/2019.The Court did not make a definitive ruling on this point but indicated that the CBIC should consider the purpose and rationale behind the Instruction when deciding on the Petitioner's applications.SIGNIFICANT HOLDINGSThe Court held that the CBIC, Drawback Division, must reconsider the Petitioner's applications and issue a reasoned order. The Court stated:'Considering the same, this Court is of the opinion that the CBIC, Drawback Division ought to look into the matter and pass a reasoned order on the representations of the Petitioner while considering the purpose and the rationale behind issuance of the said Instruction No. 4/2019 dated 11th October 2019.'The Court established that administrative decisions must be accompanied by clear reasoning, particularly when new instructions or clarifications are involved. The final determination was that the petition be treated as a representation, and the CBIC should provide a decision within three months, leaving all remedies for the Petitioner open in accordance with the law.