2015 (4) TMI 31 - CGOVT - Central Excise

Duty drawback - Determination of brand rate - inputs not specified in the relevant SION - original authority vide impugned order-in-original fixed the brand rate @Rs.16.62 kgs with quantity restriction of 4.0000.06 kgs as against rate of ₹ 22.45 kgs of full' quantity claimed by the applicant - Held that - applicants failed to produce the original which was not-in possession of department, as per applicants own submission' at the time of reverification. They also could not produce any other evidence regarding claimed quantity. Further, they have not produced any substantial documentary evidence challenging brand rate fixation Rs.16.62 kgs as against ₹ 22.45 kgs. claimed by the applicant. In absence of such documentary evidences the fixation of brand rate by the original authority cannot be faulted with. The appellate authority also discussed the same in detail and Government agrees with the findings of appellate authority. - No infirmity in order of Commissioner (Appeals) - Decided against assessee.

Summary

Issues:
Brand rate of drawback for export goods under DEPB cum drawback/shipping bills, eligibility criteria, verification of documents, delay in processing claims, discrimination in treatment of exporters, compliance with Circulars and Supreme Court judgments.

Analysis:
The case involved a revision application filed by M/s. Gautam silk mills against the order-in-appeal passed by the Commissioner of Central Excise, Mumbai-III. The applicants exported goods under DEPB cum drawback/shipping bills and filed a claim for fixation of brand rate of drawback. The issue remained pending for over ten years due to various reasons, including a challenge to a Custom Circular in court. The Hon'ble Supreme Court's judgment in 2007 settled the matter, leading the Department to extend benefits to exporters who had filed claims before a specific date.

The Additional Commissioner, Central Excise, Mumbai-III, determined the applicant's eligibility for a drawback rate of Rs. 16.62 per kg with a quantity restriction of 40,000.06 kgs for a specific period. The applicant's claim was returned due to missing documents, resulting in quantity restrictions on export goods. The Commissioner (Appeals) upheld this decision, leading the applicant to file a revision application before the Central Government.

In the revision application, the applicants argued that they had followed all necessary procedures for brand rate applications and faced delays due to Circular No. 39/2001-Cus. They highlighted discrepancies in the treatment of their claim compared to other exporters, emphasizing the delay and loss of original documents over the years. They also cited the Supreme Court judgment and alleged discrimination by the Commissioner in denying their claim.

After reviewing the case records and orders, the Government observed that the original authority had correctly fixed the brand rate with quantity restrictions due to missing documents. The Commissioner (Appeals) also noted the lack of evidence supporting the applicant's claim for a higher rate. The Government found that the applicants failed to produce necessary documents and evidence during re-verification, leading to the rejection of their revision application.

Ultimately, the Government upheld the decision of the Commissioner (Appeals) and rejected the revision application, concluding that it lacked merit. The order emphasized the importance of providing substantial documentary evidence to challenge brand rate fixation and compliance with verification procedures for drawback claims.