2003 (10) TMI 453 - AT - Central Excise

Summary

Issues:
1. Discrepancy in description of exported goods
2. Absence of sealed envelope containing duplicate copy of AR 4 form

Discrepancy in description of exported goods:
The Assistant Commissioner dismissed the claim for rebate of excise duty on tractors exported due to a discrepancy in the description of the goods. The AR 4 application mentioned "Mahindra tractor," while the shipping bill and bill of lading stated "farm tractor Mahindra." The Commissioner (Appeals) disagreed with this reasoning, noting that the descriptions were essentially the same. The Commissioner allowed the claim for rebate based on this discrepancy being immaterial. The Appellate Tribunal upheld this decision, emphasizing that the minor difference in description did not impact the eligibility for the rebate.

Absence of sealed envelope containing duplicate copy of AR 4 form:
The second issue revolved around the absence of a sealed envelope containing the duplicate copy of the AR 4 form, which was a requirement for claiming the rebate. The respondent argued that a circular clarified this procedure and stated that the duplicate in a sealed cover received from the Customs officer was optional. The Appellate Tribunal agreed with this interpretation, citing the circular that the absence of the document in a sealed cover did not invalidate the exporter's claim for rebate. Consequently, the appeal was dismissed, affirming that the presence of the sealed envelope was not a mandatory condition for claiming the rebate.

In conclusion, the Appellate Tribunal, Mumbai, addressed the discrepancies in the description of exported goods and the absence of a sealed envelope containing the duplicate copy of the AR 4 form in the context of a claim for rebate of excise duty on tractors. The Tribunal clarified that minor differences in descriptions and the optional nature of the sealed envelope did not disqualify the exporter from claiming the rebate. The decision underscored the importance of substantive compliance with procedural requirements while allowing flexibility in certain aspects of documentation for rebate claims under central excise regulations.