2011 (6) TMI 412 - AT - Central Excise

Rebate on goods exported - denial of claim - Held that - Matter relates to rebate of duty of excise on goods exported out of the country 7 section 35B of the Central Excise Act, 1944 specifically provides that no appeal shall lie to this Appellate Tribunal having no jurisdiction to decide any appeal in respect of any matter if such matter relates to rebate of duty of excise on goods exported or any excisable materials used in the manufacture of goods exported - stay petition and Appeal dismissed.

Summary

Issues:
1. Eligibility for rebate on goods exported.
2. Jurisdiction of the Appellate Tribunal CESTAT regarding appeals related to rebate of duty of excise on goods exported.

Eligibility for Rebate on Goods Exported:
The case involved a dispute where an amount of Rs.4,03,340/- was sanctioned to the Respondent as a rebate on goods exported, which was contested by the Revenue through a Show Cause Notice for recovery of the rebate amount. The matter was adjudicated, confirming the demand for the said amount along with interest under Section 11AB of the Act, and a penalty equal to the duty amount was imposed on the Respondent under Rule 25 of the Central Excise Rules. The Commissioner of Central Excise (Appeals) later set aside the impugned order and allowed the Appeal of the Appellant. Subsequently, the Revenue filed an Appeal against the Commissioner's decision.

Jurisdiction of the Appellate Tribunal:
The Tribunal, in its judgment, highlighted the provision of Section 35B of the Central Excise Act, 1944, which specifically states that no appeal shall lie to the Appellate Tribunal concerning matters related to rebate of duty of excise on goods exported. The Tribunal emphasized that it does not have jurisdiction to decide on appeals concerning rebate of duty of excise on goods exported or any excisable materials used in the manufacture of goods exported. Therefore, the Tribunal concluded that the Appeal filed before it was not maintainable due to lack of jurisdiction, leading to the dismissal of the stay petition and Appeal.

In conclusion, the judgment focused on the issue of the Tribunal's jurisdiction regarding appeals related to the rebate of duty of excise on goods exported, emphasizing the statutory limitation under Section 35B of the Central Excise Act, 1944. The decision highlighted the specific provision prohibiting appeals on such matters to the Appellate Tribunal, resulting in the dismissal of the Appeal filed by the Revenue.