2014 (7) TMI 1169 - AT - Central Excise

Empowerment to Commissioner to dispose of an Appeal by way of remand under Section 35A (3) of the Central Excise Act, 1944 - rebate claim on export of goods - Held that - There are categorical findings on merits in the Order-in-Original granting refund. Thus, there was no need of any remand by the Commissioner (Appeals). With these observations, I hold that as the issue relates of rebate claim on export of goods, the present appeal is not maintainable before this Tribunal, accordingly the appeal is dismissed.

Summary

Issues involved:
1. Power of remand of the learned Commissioner (Appeals) under Section 35A(3) of the Central Excise Act, 1944.
2. Discrepancy between the manufacturer indicated on shipping bills and rebate claims.
3. Jurisdiction of the Tribunal to entertain appeals related to rebate of excise duty on exported goods.

Analysis:

Issue 1: Power of remand of the learned Commissioner (Appeals)
The Appellant-Revenue challenged the Orders-in-Original granting rebate claims, arguing that the learned Commissioner (Appeals) lacked the power of remand after the amendment of Section 35A(3) of the Central Excise Act, 1944. The Revenue relied on the decision of the Larger Bench in the case of CCE vs. Oripol Industries. However, the learned Commissioner (Appeals) remanded the matter for document verification, not for de-novo adjudication. The Tribunal dismissed the appeal, emphasizing that the Commissioner (Appeals) had made categorical findings on the merits, rendering the remand unnecessary.

Issue 2: Discrepancy in manufacturer details
The dispute arose from discrepancies between the manufacturer indicated on shipping bills and rebate claims. The Revenue contended that since Rule 18 allows rebate claims to the manufacturer, the rebate granted to the Respondent-Assessee, despite the shipping bills indicating a different manufacturer, was challenged. However, the learned Commissioner (Appeals) found the Respondent-Assessee's procedure of claiming rebate acceptable. The Commissioner relied on certifications by authorities confirming payment of duty and actual export, ultimately rejecting the Revenue's appeal.

Issue 3: Jurisdiction of the Tribunal
The Respondent-Assessee argued that the Tribunal lacked jurisdiction to entertain the appeals related to rebate of excise duty on exported goods. Citing judgments, the Respondent contended that since the underlying issue was the rebate of excise duty, the Tribunal had no jurisdiction to hear the appeal. The Tribunal agreed, stating that as the issue pertained to rebate claims on export of goods, the appeal was not maintainable before the Tribunal and dismissed it.

In conclusion, the judgment addressed the power of remand of the learned Commissioner (Appeals), discrepancies in manufacturer details, and the jurisdiction of the Tribunal regarding appeals related to rebate of excise duty on exported goods. The Tribunal dismissed the appeal based on the lack of jurisdiction, emphasizing the findings on the merits made by the Commissioner (Appeals) regarding the rebate claims.