2013 (2) TMI 670 - CGOVT - Central Excise

Denial of rebate claim - biscuits cleared for export on payment of duty were exempted vide notification 3/2007-C.E. dated 3-5-2007 - Commissioner (Appeals) has allowed the rebate claim mainly on the ground that Notifn. No. 3/2006-C.E. as amended is applicable only for goods cleared for home consumption and since there is no requirement of fixing Retail Sale Price or MRP on export goods so the export goods go out of the said notification and duty was required to be paid on transaction value determined under Section 4 of CEA 1944 - Held that - exported goods fall under entry above 18A and attract NIL rate of duty unconditionally. The said goods are being cleared for home consumption at Nil rate of duty. The exemption is related to value of goods and there is no condition of printing such value on packages for availing exemption. The respondent has not disputed that factual position about said value/RSP of the goods. As such Commissioner (Appeals) has erred in holding that said exported goods are not exempted from duty under Sr. No. 18A of notification. Notification (Sr. No. 18A) is very much applicable to the said goods cleared for export as there is no condition in the notification regarding printing RSP on packages. As per Section 5A(1A) of the Central Excise Act 1944 where goods are exempted from payment of whole of duty unconditionally there is no option to pay duty and the exemption has to be availed. So in these cases no duty was required to be paid. - . As such export goods are not duty paid and rebate claim are not admissible under Rule 18 of CER 2002 read with Notifn. No. 19/2004-C.E. (N.T.) dated 6-9-2004 - Decided in favour of Revenue.

Summary

Issues:
1. Rebate claims filed for exported excisable goods.
2. Rejection of rebate claims due to exemption status of goods.
3. Applicability of duty and Cenvat credit on exported goods.
4. Dispute over the interpretation of relevant notifications and rules.
5. Admissibility of rebate claims under Rule 18 of CER, 2002.

Analysis:
1. The case involved rebate claims filed for exported excisable goods by an assessee engaged in manufacturing biscuits falling under Chapter 19 of the Central Excise Tariff, 1985. The Assistant Commissioner rejected the rebate claims as the biscuits cleared for export were found to be exempted under specific notifications, leading to the denial of Cenvat credit on inputs used for manufacturing the exported goods.

2. The Commissioner (Appeals) set aside the order-in-original, allowing the appeal on the grounds that the exported goods were exempted from duty under the relevant notifications. The applicant department contended that the exported goods were not covered under the Standards of Weights and Measures Act, as there was no requirement to print the Retail Sale Price (RSP) on the packages, thus affecting the determination of transaction value under the Central Excise Act, 1944.

3. The Government, after careful consideration, noted that the exported goods fell under an exemption category where the value per kilogram did not exceed a certain limit, making them eligible for nil duty. The Commissioner (Appeals) had erred in concluding that duty was required to be paid on the transaction value determined under Section 4 of the Central Excise Act, 1944, as the exported goods were unconditionally exempted from duty under the specific notification.

4. It was observed that the exemption under the relevant notification applied unconditionally to the exported goods, and no duty was required to be paid. The duty paid on the goods could not be considered as duty paid under the Central Excise Act, 1944. Additionally, the Cenvat credit availed on inputs used for manufacturing the exempted biscuits was disallowed by the CCE, Thane-I, further supporting the inadmissibility of the rebate claims under Rule 18 of CER, 2002.

5. Consequently, the Government set aside the orders-in-appeal and reinstated the orders-in-original, ruling in favor of the revision applications filed by the department. The decision was based on the clear exemption status of the exported goods and the inapplicability of duty and Cenvat credit in such cases.

Judgment Summary:
The Government upheld the denial of rebate claims for exported excisable goods, emphasizing the unconditional exemption status of the goods and the inadmissibility of duty and Cenvat credit in such instances. The Commissioner (Appeals) was found to have erred in his interpretation, leading to the restoration of the original orders rejecting the rebate claims.