2010 (1) TMI 402

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..... dit account. The ground on which this decision has been taken is that FOB value mentioned in the Bank Realization Certificate is less than the assessable value mentioned in the ARE-l. On an appeal filed by the appellant, Commissioner (Appeals) upheld the order of Original Adjudicating Authority but on a totally different ground. Commissioner (Appeals) observed that appellants had claimed rebate on .....

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..... - Appellants filed a rebate claim for Rs. 1,31,871/-. The Original Adjudicating Authority while sanctioning the rebate claim decided that an amount of Rs. 5015/- cannot be paid in cash but has to be allowed as credit in the cenvat credit account. The ground on which this decision has been taken is that FOB value mentioned in the Bank Realization Certificate is less than the assessable value ment .....

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..... ctioning authority to give the refund of duty paid on goods exported by way of credit in the Cenvat credit account. Further, the Circular dated 3-2-2000 cited by the Commissioner (Appeals) in fact, also supports the case of the appellants. The Circular provides that there is no question of re-quantifying the amount of rebate by the rebate sanctioning authority by applying some other rate of exchan .....

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