2012 (5) TMI 514 - CGOVT - Central Excise

Revision applications - rebate claims - rebate claims were rejected by the Divisional Assistant Commissioner on the basis of the fact that raw materials were directly sent to the job workers from the suppliers end without bringing it first to the applicants premises Held that - rebate of duty paid on materials will be admissible as per verified input output norms. The contention of the applicant that the approved formula of manufacture/input-output ratio is for the purpose of procurement of raw materials and has nothing to do with sanction of rebate claim is not legally sustainable in view of the above said provision of notification. The consumption of raw materials as per approved/declared input-output norms is required to be taken for computing rebate of duty involved in the materials used in the manufacturing of export goods. Government notes here that lower authorities have correctly followed the prescribed/laid down conditions in respect of export goods herein and sanctioned the rebate claims as per laid down guidelines, revision applications are rejected

Issues:
1. Rebate claims filed by M/s. Tuffware Industries for Central Excise Duty paid on S.S. Flats used in manufacturing SS Utensils.
2. Contravention of Notification No. 41/2001-C.E. (N.T.).
3. Rejection of rebate claims by Divisional Assistant Commissioner.
4. Appeal and revision applications filed by the department.
5. Interpretation of Circulars and Notifications.
6. Calculation of rebate claims as per Circular No. 129/40/95-CX.
7. Review of orders-in-appeal by the Commissioner (Appeals).
8. Grounds for revision applications before Central Government.
9. Verification of input-output ratio for rebate claims.
10. Legal sustainability of approved manufacturing formula.
11. Compliance with statutory provisions for export goods.
12. Admissibility of rebate claims based on verified input-output norms.

Analysis:
The judgment revolves around 13 revision applications filed by M/s. Tuffware Industries concerning rebate claims for Central Excise Duty paid on S.S. Flats used in manufacturing SS Utensils. The issue pertains to the rejection of two rebate claims due to the direct supply of raw materials to job workers without bringing them to the applicant's premises. The department filed revision applications, which were upheld by the Central Government, leading to pending writ petitions before the High Court. The Dy. Commissioner observed that refund claims should not be withheld pending appeals without a stay order and calculated the rebate claims per Circular No. 129/40/95-CX.

The applicants challenged the sanction of rebate claims, arguing that the approval of the manufacturing formula does not determine rebate eligibility. The Commissioner (Appeals) rejected the appeal, leading to revision applications based on the grounds of incorrect sanctioning of rebates. The Central Government reviewed the case records and upheld the orders-in-original, emphasizing compliance with approved input-output norms for rebate calculations. The judgment clarifies that Circulars and Notifications provide guidelines for calculating rebate claims based on verified input-output ratios for exported goods.

The judgment highlights the importance of adhering to statutory provisions for export goods, including filing declarations with the Asstt. Commissioner detailing finished goods, duty rates, and manufacturing formulas. The approved input-output ratio is crucial for computing rebate claims, ensuring compliance with export procedures. The judgment concludes that the lower authorities correctly followed prescribed conditions and upheld the rebate claims, deeming the revision applications meritless. Consequently, the revision applications were rejected for lacking legal merit, affirming the legality and propriety of the impugned orders-in-appeal.

In summary, the judgment addresses various issues related to rebate claims, contravention of notifications, calculation of rebate claims, review of orders-in-appeal, and compliance with statutory provisions for export goods. The analysis emphasizes the importance of adhering to approved input-output norms for rebate calculations and upholds the legality of the impugned orders-in-appeal.

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