2018 (2) TMI 1170 - AT - Central Excise

Refund claim - denial on the ground that the shipping bills and the Bill of lading are not in the name of the respondent - Held that - the name of M/s. Liberty Marine Syndicate Pvt. Ltd. and M/s. Resource International Pvt. Ltd. were mentioned in the shipping bills at the time when the goods were exported. Therefore, they are the exporter under the Customs Act - appeal allowed - decided in favor of Revenue.

Summary

Issues:
1. Refund claims for export of iron ore fines under Notification No. 17/2009-ST.
2. Eligibility of the respondent as an exporter for refund of Service Tax.
3. Interpretation of terms "exporter" and "export goods" under Customs Act, 1962.
4. Validity of the Commissioner (Appeal)'s decision based on preponderance factor.

Analysis:
1. The respondent filed refund claims for exporting iron ore fines under Notification No. 17/2009-ST. The adjudicating authority rejected the claims citing discrepancies in shipping documents not in the respondent's name.

2. The respondent argued that due to restrictions at Paradeep Port Trust, exports were facilitated through other companies. They claimed entitlement to the refund as they received payments and placed orders, considering themselves as exporters. The Commissioner (Appeal) sided with the respondent, deeming them as exporters eligible for the refund.

3. The dispute centered on whether the respondent qualified as an exporter under the Customs Act, 1962. The Customs Act defines "export goods" and "exporter," emphasizing the entity involved in exporting goods. The shipping bills listed other companies as exporters, leading to the conclusion that the respondent did not meet the criteria as an exporter under the Customs Act.

4. The Commissioner (Appeal) based the decision on preponderance factors beyond the scope of Notification No. 17/2009-ST, leading to the rejection of the adjudication orders. However, the presiding member disagreed with this assessment, upholding the adjudication orders and setting aside the Commissioner (Appeal)'s decision. Ultimately, the appeal filed by the Revenue was allowed, overturning the Commissioner (Appeal)'s ruling.