2006 (12) TMI 354 - AT - Central Excise

Summary

Issues:
Refund under Rule 173L for re-processed goods sold domestically and exported.

Analysis:
The case involved an appeal against the order of the Commissioner (Appeals) regarding the refund under Rule 173L for goods cleared in the domestic market, rejected on quality grounds, re-processed, and then partly sold domestically and partly exported. The issue was whether the refund should be based on the lower export value or the original domestic market value. The appellant argued that once goods are returned for re-processing and sold after processing, the refund under Rule 173L is applicable, irrespective of changes in duty rates or values. The appellant relied on a Tribunal's decision in Relaxo International v. CCE, Delhi-III, stating that even if no duty is payable on export, the refund under Rule 173L is admissible. The Tribunal held that the refund of the duty originally paid is admissible, allowing the appeal and granting consequential relief, if any.

In conclusion, the Appellate Tribunal held that the refund of the duty originally paid under Rule 173L is admissible, regardless of whether the re-processed goods are sold domestically or exported. The judgment clarified that even if no duty is payable on export, the refund under Rule 173L is still applicable, citing precedents to support this interpretation. The appeal was allowed, and the appellant was granted consequential relief, if any.