2009 (11) TMI 880 - CGOVT - Central Excise

Summary

Issues:
Claim for rebate of excise duty on exported goods under Central Excise Act, 1944.

Analysis:
The case involved a revision application filed against an order-in-appeal regarding the claim for rebate of excise duty on exported goods. The applicant had executed a letter of undertaking and removed finished goods without duty payment, later claiming a rebate. However, discrepancies were found in the export documentation, leading to the rejection of the rebate claim. The lower authorities disallowed the rebate, confirmed duty demand, imposed interest, and penalty under relevant sections of the Central Excise Act, 1944.

Upon appeal, the Commissioner (Appeals) upheld the decision, prompting the applicant to file a revision application. The applicant argued that the goods were exported, but the Customs authority's omission led to discrepancies in documentation. They also contended that there was no legal distinction between the applicant and the proprietor, citing relevant tribunal judgments to support their case.

The government considered the submissions, case records, and lower authorities' orders. It observed that crucial endorsements and discrepancies in documentation indicated that the goods were not properly exported. The absence of Customs officer endorsements on the ARE-2 and mismatch in package numbers raised doubts about the export claim's validity.

Consequently, the government found that the applicant failed to establish the actual export of all cleared goods, rendering them ineligible for the rebate on the short-shipped goods. Upholding the lower authorities' decisions, the government rejected the revision application, deeming it lacking in merit.