2013 (11) TMI 1100 - AT - Central Excise

Goods Actually Exported or not - Production of Documents - Held that - Neither in the show cause notice nor in the order it has been disputed that the goods were not exported by the Appellant - The demand has been raised on the ground that the Appellant failed to produce relevant documents - the appellant had produced all the Xerox copies relating to the export of the goods but did not produce the original set of documents thus the case is remitted to the original authority to decide the issue afresh after taking into consideration all the relevant documents - Appeal allowed by way of remand Decided in favour of Assessee.

Summary

Issues: Application for waiver of pre-deposit of duty and penalty under Rule 25 of Central Excise Rules, 2002.

In this judgment by the Appellate Tribunal CESTAT KOLKATA, the applicant sought waiver of pre-deposit of duty amounting to Rs.5.30 Crores and penalty of Rs.10.00 Lakhs imposed under Rule 25 of the Central Excise Rules, 2002. The applicant, through their Chartered Accountant, submitted that they had exported furnace oil to ship bunkers during the relevant period and provided Xerox copies of ARE-1 duly endorsed by Customs Officers as proof of export. However, the original documents were not produced before the range Superintendent, leading to a show cause notice for duty recovery. The Chartered Accountant assured that all original documents were available for verification. The Revenue supported the findings of the Commissioner. The Tribunal noted that the issue centered on the lack of original documents to establish export, not the actual export of goods. As the appellant claimed possession of all original documents corresponding to the provided Xerox copies, the Tribunal remitted the case to the original authority for a fresh decision, emphasizing a fair hearing and consideration of all relevant documents. The parties were permitted to present further evidence. The appeal was allowed by way of remand, and the stay petition was disposed of. The judgment highlights the importance of producing original documents to support claims in excise duty matters, ensuring a fair opportunity for the appellant in the adjudication process.