2003 (3) TMI 191 - AT - Central Excise

Summary

Issues involved: Appeal against order passed by Commissioner (Appeals) regarding excisable goods clearance for export without proof of export.

Summary:
The case involved M/s. TISCO (Tube Division) clearing excisable goods for export without producing proof of export, leading to a demand for duty recovery, penalty imposition, and interest. The Deputy Commissioner confirmed the demand based on photocopies of AR 4As, which were later certified but lacked cross-references in the shipping bill. The Commissioner (Appeals) set aside the demand, citing that the goods were exported as evidenced by endorsements on AR-4As and shipping bill details. The Revenue challenged this decision, arguing that the certified AR-4As were photocopies without shipping bill references. However, the Tribunal upheld the Commissioner's decision, emphasizing that sufficient proof of export through invoices, bill of lading, and shipping bills rendered non-production of AR-4 immaterial. As the Revenue did not dispute the genuineness of other export documents, the appeal was rejected.

In conclusion, the Tribunal upheld the Commissioner (Appeals) decision, emphasizing the sufficiency of export proof through various documents and dismissing the Revenue's challenge based on the lack of cross-references in the AR-4As and shipping bills.