1993 (5) TMI 40 - CGOVT - Central Excise

Summary

Issues:
1. Interpretation of relevant date for rebate claims under Section 11B of the Central Excises & Salt Act.
2. Jurisdiction of Asstt. Collector (Refunds) in deciding cases under Explanation (B)(b) to Section 11B.
3. Applicability of Rule 173M in the case of goods cleared for export and later reprocessed and re-exported without payment of duty.
4. Determination of the appropriate sub-clause of Explanation to Section 11B in the context of the case.
5. Regularization of the export in the interest of encouraging exports.

Analysis:
1. The judgment dealt with the interpretation of the relevant date for rebate claims under Section 11B of the Central Excises & Salt Act. The dispute arose when goods initially cleared for export were returned for reprocessing and then re-exported. The Collector of Central Excise (Appeals) Bombay set aside the Asstt. Collector's order, holding that Explanation (B)(a)(1) to Section 11B was the applicable clause, which considers the date of export for determining the relevant date for rebate claims.

2. The jurisdiction of the Asstt. Collector (Refunds) in deciding cases under Explanation (B)(b) to Section 11B was questioned. The respondents argued that the circular prescribing the procedure for condonation of losses of goods did not grant the Asstt. Collector jurisdiction to decide cases under this provision. However, the circular was found irrelevant as it pertained to the movement of goods for export under bond, not the issue at hand.

3. The applicability of Rule 173M in the case of goods cleared for export, returned for reprocessing, and re-exported without payment of duty was discussed. The judgment noted that the rule did not address situations where goods were allowed to return to the factory and then re-exported without duty payment. The standard procedure would have been to apply for a refund based on the duty paid initially and then re-export the goods either by paying the duty or under bond.

4. The judgment analyzed the determination of the appropriate sub-clause of Explanation to Section 11B in the context of the case. It was concluded that neither sub-clause B(a) nor B(b) applied directly to the situation at hand. The case primarily involved a rebate on export, which did not align with the scenarios outlined in either sub-clause. The government suggested examining the case under the proviso to Rule 12 of the Central Excise Rules to regularize the export and encourage exports.

5. In the interest of encouraging exports, the judgment emphasized the need to regularize the export in question. The government set aside the orders of the lower authorities and remitted the case to the Assistant Collector for further consideration by the Collector. The Collector was tasked with deciding whether to allow the claim by condoning non-compliance with certain conditions of the notifications issued under Rule 12 and then determine the claim on its merits.