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2013 (10) TMI 1301 - CGOVT - Central ExciseDenial of rebate claim - Whether rebate of duty paid on exported goods is not admissible for violation of Condition No. (viii) of Customs Notification No. 96/2009-Cus., dated 11-9-2009 - Held that - Rebate of duty paid on goods exported (finished) in discharge of export obligation under advance licence scheme in terms of Notification No. 43/2002-Cus., dated 19-4-2002 as amended vide corrigendum dated 29-11-2002 is admissible since the amended Condition (v) of said notification debarred only the availment of rebate of duty paid on inputs/raw materials used in the manufacture of finished exported goods. The said Notification No. 43/2002-Cus. was subsequently replaced by Notification No. 93/2004-Cus., dated 10-9-2004. In view of the position, the rebate claim of duty paid on export goods (finished goods) cannot be rejected on this ground since there is no violation of Condition (viii) of Notification No. 96/2009-Cus., dated 11-9-2009 which debars only the facility of rebate of duty paid on inputs used in the manufacture of exported goods. Original authority on scrutiny of rebate claims had not found any other discrepancy in the rebate claim other than the discrepancy noted. As such, it is clear that rebate claims were found in order and there was no dispute about the export of duty paid goods. As such the fundamental condition for allowing rebate claims that duty paid goods are exported, already stands satisfied in this case. Therefore, the said rebate claims are admissible to the applicant under Rule 18 of Central Excise Rules, 2002 read with Notification No. 19/2004-C.E. (N.T.), dated 6-9-2004. - Decided in favour of assessee.
Issues Involved:
1. Applicability of Notification No. 30/2004-C.E. and Section 5A(1A) of the Central Excise Act, 1944. 2. Rejection of rebate claims based on Notification No. 96/2009-Cus., Condition (viii). 3. Grounds of appeal against the order of Commissioner (Appeals). Detailed Analysis: Issue 1: Applicability of Notification No. 30/2004-C.E. and Section 5A(1A) of the Central Excise Act, 1944 The applicant, M/s. Garden Silk Mills Ltd., filed rebate claims for duty paid on exported goods. The original authority found deficiencies, noting that the claimant was manufacturing goods under Chapter 5402 with full exemption under Notification No. 30/2004-C.E. and also availing Notification No. 29/2004-C.E. The authority held that under Section 5A(1A) of the Central Excise Act, 1944, the manufacturer must avail the exemption, making the payment of duty contrary to the notification and thus not eligible for rebate. The Commissioner (Appeals) disagreed, stating that Notification No. 30/2004-C.E. is conditional, requiring non-availment of Cenvat credit on inputs. Since the applicant availed Cenvat credit, the exemption under Notification No. 30/2004-C.E. was not applicable, and duty was rightly paid under Notification No. 29/2004-C.E. Thus, the rebate claims could not be rejected on the grounds taken by the original authority. Issue 2: Rejection of Rebate Claims Based on Notification No. 96/2009-Cus., Condition (viii) The Commissioner (Appeals) rejected the rebate claims based on Condition (viii) of Notification No. 96/2009-Cus., which prohibits availing the facility under Rule 18 (rebate of duty paid on materials used in the manufacture of resultant product) or Rule 19(2) of the Central Excise Rules, 2002. The applicant argued that they claimed rebate of duty paid on the final product, not on inputs, and provided declarations to support this. The Government noted that the applicant paid duty on exported goods under Notification No. 29/2004-C.E. and did not avail duty-free procurement of inputs under Notification No. 43/2001-C.E. The Government held that the provisions of Section 5A(1A) and C.B.E. & C. Circular No. 937/27/2010-CX do not apply to Notification No. 30/2004-C.E. The Government also noted that the rebate claims pertain to the period after the anomaly was removed by Notification No. 11/2009-C.E. Issue 3: Grounds of Appeal Against the Order of Commissioner (Appeals) The applicant contended that the Commissioner (Appeals) erred by upholding the order on an extraneous ground not contained in the original order. They argued that Condition (viii) of Notification No. 96/2009-Cus. only debars rebate of duty on materials used in the manufacture of resultant product, not on the final exported goods. They cited previous cases, including M/s. Omkar Textiles and M/s. Shubhada Polymers, to support their argument that the rebate of duty paid on exported goods is admissible. The Government agreed with the applicant, noting that Condition (viii) does not restrict the rebate of duty paid on final exported goods. The Government also observed that the original authority did not find any other discrepancies in the rebate claims, confirming that the fundamental condition of exporting duty-paid goods was satisfied. Conclusion: The Government set aside the impugned order-in-appeal, allowing the revision application with consequential relief. The rebate claims of the applicant were found to be admissible under Rule 18 of the Central Excise Rules, 2002, read with Notification No. 19/2004-C.E. (N.T.), dated 6-9-2004.
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