2010 (2) TMI 1124 - CGOVT - Central Excise

Summary

Issues:
1. Non-compliance with Central Excise Rule 18 and failure to produce duty paying certificate for exported goods.
2. Rejection of rebate claim by the adjudicating authority and Commissioner of Central Excise (Appeals).
3. Interpretation of relevant notifications and circulars regarding duty payment and export procedures.
4. Compliance with Rule 18 of Central Excise Rules, 2002 for rebate claim.

Analysis:
Issue 1: The case involves the non-compliance of M/s. Sapna International with Rule 18 of Central Excise Rule, 2002 by not producing the duty paying certificate for exported goods. The applicant, a merchant exporter, failed to follow the prescribed procedure, leading to the rejection of the rebate claim by the adjudicating authority.

Issue 2: The adjudicating authority and the Commissioner of Central Excise (Appeals) rejected the rebate claim of the applicant amounting to &8377; 33,496 based on the non-compliance with the export documentation requirements and the failure to produce the duty paying certificate, as mandated by the relevant notifications.

Issue 3: The applicant contested the rejection of the rebate claim on various grounds, including the interpretation of Circular No. 766/82/2003-CX, dated 15-12-2003, which clarified the denial of Cenvat credit in case of non-payment of duty by the import-manufacturer. However, the government found this circular not applicable to the present case, emphasizing the mandatory requirement of submitting the duty paying certificate for rebate claims.

Issue 4: The applicant argued substantial compliance with the procedures outlined in Rule 18 of Central Excise Rules, 2002, and presented documentary evidence to support the export of duty paid goods. However, the government emphasized the mandatory nature of submitting all required documents, including the duty paying certificate, as specified in the relevant notifications, ultimately upholding the rejection of the rebate claim.

In conclusion, the revision application filed by M/s. Sapna International was deemed devoid of merit, and the government upheld the decision of the impugned order-in-appeal, rejecting the rebate claim due to non-compliance with the prescribed export documentation requirements and the failure to produce the duty paying certificate for the exported goods.