2002 (8) TMI 136 - CGOVT - Central Excise

Issues Involved:
1. Eligibility of rebate claims on exported goods manufactured from duty-free inputs.
2. Applicability of Rule 12 vs. Rule 13 of the Central Excise Rules, 1944.
3. Interpretation of Trade Notices and Circulars in relation to rebate claims.
4. Alleged misuse of Modvat credit.

Detailed Analysis:

1. Eligibility of rebate claims on exported goods manufactured from duty-free inputs:
The primary issue revolves around whether the respondents are entitled to claim a rebate on goods exported, which were manufactured using duty-free inputs procured under Rule 13(1)(b) of the Central Excise Rules, 1944. The respondents argued that they are manufacturing and exporting dutiable goods under Chapter 55 of the Central Excise Tariff Act, 1985, and claimed rebates under Rule 12(1)(a) of the Central Excise Rules, 1944. They cited the judgment in Steel Rolling Mills of Bengal v. UOI [1992 (62) E.L.T. 41 (S.C.)], which emphasized that the rebate is with respect to the duty paid on excisable goods exported, and not on the raw materials used. The government agreed, noting that the respondents followed the provisions of Chapter X and procured inputs under Notification 47/94-C.E. (N.T.), which does not restrict the export of final products under rebate.

2. Applicability of Rule 12 vs. Rule 13 of the Central Excise Rules, 1944:
The applicant Commissioner contended that once the respondents opted for Rule 13, they were required to export their final product under bond only. However, the appellate authority and the government found that Rule 12 and Rule 13 are complementary. The respondents had the liberty to export their products either under bond (Rule 13) or under claim of rebate (Rule 12). The government observed that neither Rule 13 nor Notification 47/94-C.E. (N.T.) restricts the export of goods under rebate if duty is paid on the final product.

3. Interpretation of Trade Notices and Circulars in relation to rebate claims:
The applicant Commissioner relied on Trade Notice No. 10/91 and the case of Hindustan Alloys Manufacturing Co. [1993 (68) E.L.T. 262 (GOI)], arguing that the final product should be exported under bond if inputs were procured duty-free. The respondents countered this by stating that their final products were not exempt from duty, making the reliance on these notices misplaced. The government agreed, noting that the cited Trade Notice and case law were not applicable as the final products in question were dutiable.

4. Alleged misuse of Modvat credit:
The applicant Commissioner alleged that the respondents exported their final product under procedures laid down in Rule 12 to encash the unspent amount of Modvat credit. The respondents rebutted this by citing Board's Circular No. 38/88, which clarifies that excess Modvat credit can be utilized towards payment of duty on the final product. The government found no law or rule supporting the applicant Commissioner's contention and agreed with the respondents' interpretation of the circular.

Conclusion:
The government found no infirmity in the order-in-appeal passed by the Commissioner (Appeals) and upheld the respondents' entitlement to the rebate claims. The Revision Applications filed by the applicant Commissioner were rejected, affirming that the respondents correctly followed the provisions of Rule 12 and were entitled to the claimed rebates.

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