Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 611 - AT - Central Excise100% EOU - Refund of CENVAT credit - Rule 5 of CENVAT Credit Rules r/w N/N. 27/2012-CE dated 18.06.2012 - denial of refund on the ground of time limitation - Held that:- Refund of CENVAT credit is available as per Rule 5 of the CENVAT Credit Rules, 2004. Subject to procedure, safeguards, conditions and limitations as may be specified by the Board by notification in the official gazette. Thus it is clear that eligibility of refund under the Rules is subject to conditions which may be entitled by the Board. The notification which is issued by the Government or the Board is a subordinate Legislation. There is a well established mechanism for reviewing whether or not the conditions, safeguards, procedures and limitations imposed by the notifications are reasonable and are within the powers given to the Government by the Board. Hence, powers of framing rules or issuing notifications are given to the Government which is answerable to the Parliament. It is also well known that if the Parliament feels that the notifications required amendment, they direct the Government to do so. This power of deciding or amending or revising the conditions, safeguards, limitations, etc, is not given to either Quasi Judicial Authorities or to the officers. The learned first appellate authority has clearly erred in sanctioning the refund taking a larger view of what is good to promote exports, etc., and such perceived “equity” has no place in interpretation of a fiscal statute and the notification must be strictly construed - appeal allowed - decided in favor of appellant.
|