2009 (8) TMI 1033 - AT - Central Excise

Summary

Issues involved: Identification of non-existent firm for export rebate claims, validity of alert Circular issued by department, justification for confirming rebate claims, limitation for raising demand, requirement of verifying duty payment by manufacturer.

The judgment by the Appellate Tribunal CESTAT AHMEDABAD pertains to the identification of a non-existent firm, M/s. Parshwanath Impex, for export rebate claims. The issue revolves around the validity of an alert Circular issued by the department in 2006, indicating the non-existence of the said firm. The appellant, a merchant exporter, procured goods from M/s. Parshwanath Impex and claimed rebate, which was initially sanctioned in 2004. However, proceedings were initiated against the appellant in 2008 based on the alert Circular, leading to the confirmation of the proposal by the authorities below.

The appellant's contention, represented by the Ld. Advocate, emphasized that the business with M/s. Parshwanath Impex was conducted in 2003, and the rebate claim was sanctioned in 2004 without any objections from the Revenue. The Advocate argued that the alert Circular issued in 2006 should not retroactively invalidate the earlier transactions. Supporting documents, including registration details of M/s. Parshwanath Impex, were presented to demonstrate the firm's existence during the relevant period. The Advocate also challenged the impugned order on grounds of limitation and the lack of appeal against the initial rebate sanctioning orders.

In response, the Learned SDR contended that the Revenue relied on documents provided by the appellant during the rebate sanctioning process, and only later discovered the non-existence of M/s. Parshwanath Impex. The SDR highlighted the Revenue's right to raise demands within five years from the relevant date and justified the absence of an appeal against the 2004 rebate sanction due to the subsequent revelation of the manufacturer's non-existence.

Upon careful consideration, the Tribunal observed that the Revenue's case primarily relied on the 2006 alert Circular, without specifying any timeline for the alleged non-existence of M/s. Parshwanath Impex. The Tribunal noted the lack of evidence regarding the firm's duty payments to the Revenue and the absence of efforts by the authorities or the appellant to verify the manufacturer's status during the relevant period. Citing a precedent from the Hon'ble Gujarat High Court, the Tribunal emphasized the assessee's responsibility to ensure the identity and address of suppliers. The Tribunal raised concerns about the grant of rebate without proper verification as per CBEC's Instruction Manual and directed a fresh examination of the matter by the Original Adjudicating Authority, including aspects related to duty payment verification, source of goods, and limitation.

This judgment, pronounced on 7th August 2009, underscores the importance of thorough verification in export rebate claims and the need for diligence in confirming the legitimacy of suppliers to prevent potential fraudulent activities.