9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (5) TMI 617 - CGOVT - Central ExciseRebate claim for Export Duty - Conversion of DTA into 100% EOU - Assessee obtained permission for Conversion on 11.05.06 - Obtained Custom Licence on 11.09.06 - Executed B-17 Bond on 12.12.06 - Held That - The applicant never started working as a 100% EOU Unit like procuring the inputs free of duty under CT-3 certificates. Moreover, they continued to file various returns like ER-1 etc. with the department - Did not took benefit of B -17 Bond till 05.02.2007(when it was accepted). Assessee entitled to rebate claim.
Issues:
- Conversion of DTA Unit into 100% EOU - Eligibility for rebate claims - Interpretation of bonding process for conversion - Compliance with procedural formalities for EOU status - Entitlement to rebate of duty Conversion of DTA Unit into 100% EOU: The applicant, a Central Excise Registrant, sought to convert their DTA Unit into a 100% EOU by obtaining necessary permissions and licenses. The process involved steps such as obtaining a Green Card, Customs License, and executing a B-17 Bond. The applicant transferred unutilized credit to the EOU and continued availing Cenvat Credit for export clearances. The lower authority issued show cause notices alleging contravention of Cenvat Credit Rules. The applicant argued that conversion into EOU required specific bonding steps by the central excise officer, which had not been completed, and hence they remained a DTA Unit during the material period. Eligibility for Rebate Claims: The applicant filed rebate claims for duty paid on export clearances as a DTA Unit. The lower authority rejected the claims, leading to appeals and subsequent revision application. The applicant contended that they had not physically operated under EOU status, nor availed any EOU facilities, thus justifying their rebate claims. They emphasized that there was no revenue loss due to their operations and that all activities were conducted under the Central Excise Registration for DTA status. Interpretation of Bonding Process for Conversion: The applicant argued that the date of conversion into EOU should be based on bonding with customs/central excise, not merely on issuance of a warehouse license. They highlighted the importance of a valid B-17 Bond as a prerequisite for bonding and conversion, emphasizing that the bonding process should be carried out by the proper officer following specific steps. Compliance with Procedural Formalities for EOU Status: The Government noted that the applicant had not completed all procedural formalities for EOU status, such as stock assessment and reversing Cenvat credit. Despite obtaining permissions and licenses, the applicant did not operate as a 100% EOU unit, continuing to file returns as a DTA Unit. The Government observed that the applicant's B-17 Bond was accepted after the date of exports, indicating a lack of benefit under the EOU scheme. Entitlement to Rebate of Duty: After reviewing the case records and orders, the Government concluded that the applicant was entitled to rebate of duty as they had not benefitted from the EOU scheme, fulfilled export obligations, and had their rebate allowed for subsequent periods by the Commissioner (Appeals). The Government set aside the impugned order-in-appeal, granting the applicant the rebate and providing consequential relief. Conclusion: The judgment addressed the issues of conversion into EOU, eligibility for rebate claims, interpretation of bonding process, compliance with procedural formalities, and entitlement to rebate of duty. It highlighted the importance of completing bonding steps for conversion and emphasized the applicant's lack of benefit under the EOU scheme despite obtaining permissions. Ultimately, the Government granted the rebate to the applicant, setting aside the lower authority's decision and providing consequential relief.
|
