2007 (8) TMI 160 - AT - Central Excise

ARE-1 cancelled after informing Superintendent Paying attention to exigencies and following friendly approach to exporter community, demand can not be imposed as all the export formalities are completed and goods are also exported

Summary

Issues:
- Appeal against Orders-in-Appeal No. 86 & 87/2006 dated 6-3-2007 passed by the Commissioner of Customs and Central Excise (Appeals), Visakhapatnam.

Analysis:
The appellants, regular exporters of ceramics, faced issues with exporting goods due to the consignee not opening LCs in time, leading to the cancellation of export orders in one case. They negotiated with another buyer for the goods already at I.C.D. Sanathnagar, adopting a prudential approach by cancelling the original ARE-1 and issuing a fresh one. The Range Superintendent was informed in both cases, but there was no response. The department later demanded Central Excise duty and imposed penalties for not exporting the goods within six months of clearance. The Commissioner (A) upheld the demand, stating prior permission was necessary for ARE-1 cancellation.

The consultant argued that the appellants acted in compliance, informing the department of the circumstances necessitating ARE-1 cancellation. Returning goods to the factory would be impractical and costly. The Tribunal noted the department's failure to consider the appellants' situation, blindly following the Central Excise Manual without regard for practicalities or a friendly approach to exporters. As all goods were exported, the demand for Central Excise duty was deemed baseless. The Tribunal allowed the appeals with consequential relief, finding no merit in the department's orders.