In Brief
Sansera Engineering, a manufacturer of excisable goods, exported goods between August 2015 and March 2016, paying excise duty, and later claimed rebate of approximately Rs. 1.47 crore under Rule 18 of the Central Excise Rules, 2002. The authorities rejected the claim as time-barred under Section 11B of the Central Excise Act (which prescribes a one-year limitation period from the "relevant date" of export). The Supreme Court held that Section 11B's limitation period applies to rebate claims because Explanation (A) to Section 11B explicitly includes "rebate of duty" within the definition of "refund." Although subordinate legislation (Rule 18 and notifications) prescribe the form and manner of claiming rebate, they cannot override the parent statute's substantive limitation period. The Court dismissed the appeal, holding that rebate claims must comply with Section 11B's one-year limitation.
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