2008 (12) TMI 623

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..... the Respondent. [Order per : P. Karthikeyan, Member (T)]. - In the impugned order, the Commissioner demanded an amount of Rs. 4,50,13,457/- from the appellants M/s. Sterlite Industries (I) Limited (Sterlite) being erroneously allowed rebate. He held that the said amount representing rebate of duty paid under supplementary invoices raised by Sterlite on export of consignments of copper cathode an .....

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..... Circular was misplaced and that they had claimed rebate on the CIF value wrongly instead of the transaction value under Section 4 of the Central Excise Act. The amount raised in each supplementary invoice did not form part of the value shown on the related ARE1, the corresponding shipping bill and invoice. Therefore, the impugned amount of rebate had been erroneously sanctioned. 2. We have h .....

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..... ve been short paid on the basis of provisional price declared in the invoice at the time of removal is made good later when the relevant LME price for copper is available and a supplementary invoice is raised. The assessee is eligible for rebate of the total duty paid on the consignment. As per the Circular No. 510/06/2000-CX, dt. 3-2-2000 issued by the CBEC, the rebate sanctioning authority shoul .....

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..... sis that the appellants had claimed rebate of duty paid on the CIF value instead of FOB value of each of the consignment covered. We find that an exporter is entitled to rebate of the entire duty of excise paid on a consignment of excisable goods on its export. There is no dispute that the appellants paid the impugned amount as part of the duty of excise on consignments exported and covered by ARE .....

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..... value of the export goods. That the ARE1 did not show the additional duty paid on the consignment subsequently cannot also be a reason to deny rebate of part of the duty paid later as per the contract with the assessee's buyer. The exporter is entitled to rebate of the entire duty of excise paid by it on clearance of goods for export. The impugned order seeking recovery of a part of the admissible .....

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