2009 (9) TMI 367 - HC - Central Excise

Rebate-. The petitioners are the Companies registered under the Companies Act, 1956 engaged in manufacture of various articles falling under Chapter 73 of the Central Excise Tariff. The petitioners used to get benefit of rebate on exports made by them. That benefit was initially granted by Circular dated 8-12-2006. Subsequently, Notification dated 17-9-2008 indicated that benefit of rebate would not be available after 8-12-2006 and later on by Finance Act, 2008, the benefit of rebate was made available only upto 7-12-2006. The petitioners claim for rebate was denied by the Order-in-Original. Held that- once rebate granted upon condition of withdrawal of revision. Order passed by Commissioner (Appeals) virtually review. Petitioner unable to pursue remedy as restoration/revival of revision application turned down by revesional authority stating that earlier application since withdrawn, no further order required. Revision applications restored. Order of Commissioner (Appeals) set-aside.

Issues:
Claim for rebate denial, Appeals rejection, Amendment to Rule 18, Conditional withdrawal of revision applications, Grant of rebate benefit withdrawal, Review of rebate grant orders, Challenging own orders in appeal, Restoration of revision applications, Benefit of rebate availability, Refusal of restoration of revision applications, Inability to pursue remedy, Setting aside communication and order, Restoration of revision applications, Decision on revision applications, Appeals decision on rebate claimed, Pressing for rebate benefit, Judgment allowance, Costs waiver, Copy placement.

Claim for Rebate Denial:
The petitioners, companies engaged in manufacturing various articles under Chapter 73 of the Central Excise Tariff, were initially granted rebate benefits on exports by a Circular. However, subsequent notifications and the Finance Act limited the availability of rebate benefits. The petitioners' claim for rebate was denied by specific orders, leading them to challenge these denials through appeals.

Conditional Withdrawal of Revision Applications:
The petitioners, after addressing communications based on an amendment to Rule 18, were advised to withdraw their revision applications pending before the Joint Secretary to allow refund claims. Upon conditional withdrawal and subsequent grant of rebate benefits by the Assistant Commissioner, the Department challenged these orders in appeals, causing a dilemma for the petitioners.

Restoration of Revision Applications:
The High Court noted that the Assistant Commissioner challenging his own orders in appeal was puzzling. The Court highlighted the conditional nature of the withdrawal of revision applications and the subsequent challenge by the Commissioner (Appeals), leading to the restoration of revision applications being deemed necessary for the petitioners to pursue their remedy effectively.

Availability of Rebate Benefit and Refusal of Restoration:
The Finance Act, 2008 provided for rebate benefits until 7-12-2006, the period in question. Despite the petitioners' efforts to restore their revision applications, the Revisional Authority refused, causing the petitioners to be unable to challenge the lower authority's decision effectively or receive the rebate benefits they were entitled to.

Judgment and Relief:
The High Court allowed the petitions, setting aside the communication refusing reinstatement of revision applications and the order passed by the Commissioner (Appeals). The Court directed the revisional authority to decide on the revision applications afresh within three months, emphasizing the need for restoration and proper consideration of the petitioners' claims. The Court also instructed the Commissioner (Appeals) to withhold decisions on rebate claims until the revision applications were resolved, ensuring fairness and due process.

Costs and Final Directions:
The Court waived costs, and the office was directed to place a copy of the judgment in each connected petition, concluding the comprehensive analysis of the legal judgment involving rebate claims, conditional withdrawal of revision applications, restoration of remedies, and the proper consideration of rebate benefits in light of legal provisions and procedural fairness.

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