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2013 (9) TMI 830 - HC - CustomsValidity of Show Cause Notice Rebate Claim Held that - The show cause notice was quashed - The Assistant Commissioner was directed to assess the claim of the writ petitioner for rebate in accordance with the above order of the Commissioner (Appeals) dated 17th August, 2009. The Commissioner (Appeals) had made various findings in favour of the petitioner on issues like adherence to the time schedule, non-evasion of duty, proper procedure being followed for export clearance, conformity with the provision of the relevant notification, genuineness of the export, payment of customs duty on inputs, production of shipping bills lorry receipts and so on - Exportation was held to be proved on duty paying in puts Decided in favour of Assessee.
Issues:
1. Validity of the order passed by Commissioner (Appeals) regarding rebate of duty. 2. Issuance of show cause notice by Assistant Commissioner to reopen the issue of rebate entitlement. Issue 1: Validity of the order passed by Commissioner (Appeals) regarding rebate of duty The High Court of Calcutta considered the foundation of the cause of action of the writ petitioner, which was an order dated 17th August, 2009, passed by the Commissioner (Appeals), Central Excise Appeal- I, Kolkata. This order set aside three orders-in-original passed by the Assistant Commissioner, Central Excise, Barasat Division, and remanded the matter for sanctioning the claims of the writ petitioner. The Commissioner (Appeals) made various findings in favor of the petitioner on issues like adherence to time schedules, non-evasion of duty, proper export clearance procedures, conformity with relevant notifications, genuineness of exports, payment of customs duty on inputs, and production of necessary documents. The Court held that the sanctioning authority was required to make ministerial verification of the claim and sanction the rebate based on the findings in the order of the Commissioner (Appeals). However, instead of following the order, the Assistant Commissioner issued a show cause notice dated 27th July, 2012, to reopen the issue of rebate entitlement. The Court quashed the show cause notice and directed the Assistant Commissioner to assess the claim for rebate in accordance with the order of the Commissioner (Appeals) within eight weeks from the date of communication of the Court's order. Issue 2: Issuance of show cause notice by Assistant Commissioner to reopen the issue of rebate entitlement The Assistant Commissioner of Central Excise, Barasat Division, Kolkata III Commissionerate, issued a show cause notice dated 27th July, 2012, purporting to reopen the entire issue regarding the entitlement of rebate of duty, contrary to the order passed by the Commissioner (Appeals). The High Court, after considering the observations made, quashed the show cause notice and directed the Assistant Commissioner to assess the claim for rebate in accordance with the order of the Commissioner (Appeals) dated 17th August, 2009, within a specified timeframe. The Court noted that the writ application was disposed of in the absence of representation from the respondents and allowed the application to the extent mentioned in the order. All parties were instructed to act based on a signed copy of the Court's order. This detailed analysis of the judgment from the High Court of Calcutta highlights the issues related to the validity of the order passed by the Commissioner (Appeals) regarding rebate of duty and the issuance of a show cause notice by the Assistant Commissioner to reopen the issue of rebate entitlement. The Court provided a thorough examination of the facts and legal principles involved, ultimately quashing the show cause notice and directing the Assistant Commissioner to assess the rebate claim in accordance with the earlier order.
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