2000 (8) TMI 117 - AT - Central Excise

Summary

Issues involved: Interpretation of Notification 47/94 u/r 13 of Central Excise Rules, 1944; applicability of sub rule (1) of rule 57CC; eligibility for export benefit; necessity of sub rule (6) of rule 57CC.

Summary:
1. The respondent, a manufacturer of cold rolled coils and sheets of iron or steel, cleared part of its production to an exporter without duty payment under Notification 47/94 u/r 13 for export after further processing. A notice was issued proposing denial of benefit under sub rule (1) of rule 57CC, requiring payment before clearance. The Assistant Commissioner upheld the proposal, but the Commissioner (Appeals) ruled in favor of the respondent, stating that rule 57CC did not apply as the goods were not exempted or subject to nil duty.

2. The appeal by the Commissioner argued that sub rule (1) of rule 57CC should apply as the goods were not exported directly by the manufacturer, leading to double benefit. However, the Tribunal found that rule 13 allows goods to be removed without duty payment for manufacturing in bond for export, as specified in Notification 47/94. Since the goods were exported after manufacturing in bond, sub rule (6) of rule 57CC applied, and sub rule (1) did not.

3. The Tribunal cited previous judgments to support its decision, stating that goods exported under bond are not exempted or subject to nil duty, thus sub rule (1) of rule 57CC does not cover them. The existence of sub rule (6) was considered a precautionary measure. The appeal's argument against the benefit accruing to the manufacturer of exported goods was rejected, as no additional benefit beyond legal provisions was identified.

4. Ultimately, the Tribunal found no grounds for interference and dismissed the appeal, affirming that the respondent was eligible for the export benefit under Notification 47/94 u/r 13, and sub rule (1) of rule 57CC did not apply in this case.