1982 (1) TMI 195 - CGOVT - Central Excise

Summary

Issues:
1. Interpretation of Rule 13 of the Central Excise Rules regarding duty liability on goods exported under bond.
2. Whether the relief under Rule 13 should be the same as under Rule 12.
3. Validity of the impugned order-in-appeal by the Appellate Collector.

Detailed Analysis:
1. The case involved the interpretation of Rule 13 of the Central Excise Rules concerning the duty liability on goods exported under bond. The Government initiated proceedings under Section 36(2) of the Central Excises and Salt Act, 1944, based on a tentative view that the order-in-appeal passed by the Appellate Collector was not proper. The assessee, a petroleum corporation, cleared duty-bonded bunkers of Diesel oil and Furnace oil to ocean-going vessels on foreign runs under Rule 13. The company later filed refund claims, contending that no duty was payable as the goods were exported under bond. The Appellate Collector allowed the appeals, stating that no duty was payable on goods exported under bond under Rule 13.

2. The main contention of the assessee was that there was no requirement for parity between goods exported under Rule 12 and Rule 13. They argued that Rule 13 already allowed for duty-free export and should be interpreted independently. However, the Government opined that Rule 13 should be subject to the same conditions as Rule 12, and the relief should be similar under both rules. The Government referred to a judgment by the Delhi High Court, which stated that Rules 12 and 13 are supplementary and deal with duty payable on exported goods. The Court clarified that the expression "without payment of duty" in Rule 13 does not imply an exemption from duty liability.

3. Ultimately, the Government disagreed with the assessee's interpretation and held that the impugned order-in-appeal by the Appellate Collector was incorrect in law. As a result, the Government set aside the Appellate Collector's order and reinstated the original orders passed by the Assistant Collector of Central Excise. The decision was made under the powers granted by Section 36(2) of the Central Excises and Salt Act, 1944.