2012 (8) TMI 1068 - HC - Central Excise

Summary

Issues involved:
The judgment involves the interpretation of whether the assessee was entitled to claim exemption u/s 35G of the Central Excise Act, 1944, based on the compliance with circular requirements and the nature of export of goods.

Issue 1: Compliance with Circular Requirements
The appeal raised the question of whether the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) erred in concluding that despite non-compliance with certain circular requirements, the assessee had substantively complied with the requirements and was entitled to claim exemption.

Details:
The respondent-assessee, a manufacturer of corrugated cartons and duplex boxes, availed exemption as a Small Scale Industry (SSI) under a notification for duty payment up to a certain value. The issue arose when it was found that the assessee cleared goods to merchant exporters who used them for packing products for export, but the assessee did not directly export the goods. The department contended that the clearances did not qualify as "clearances for export" as per a circular, leading to a duty demand and penalty.

Issue 2: Nature of Export of Goods
The second issue involved determining whether the goods cleared by the assessee to merchant exporters were indeed exported, as per the circular requirements, and whether the conditions for exemption were met.

Details:
The Tribunal considered the circular requirements, including the use of 'H' forms as proof of export, and concluded that the merchant exporters had used the cartons for packing export goods, as evidenced by the 'H' forms. The Tribunal found that the requirements of the circular were substantively complied with, and the assessee was rightly entitled to claim exemption.

Conclusion:
The High Court upheld the Tribunal's decision, stating that the assessee had complied with the circular requirements and was entitled to claim exemption. The appeal by the Central Excise Department was dismissed, affirming the assessee's right to exemption under the Central Excise Act, 1944.