TMI BlogExport under claim of rebate and simultaneous claim of “Duty drawback” - Case AnalysisX X X X Extracts X X X X X X X X Extracts X X X X ..... Export under claim of rebate and simultaneous claim of “Duty drawback” - Case Analysis X X X X Extracts X X X X X X X X Extracts X X X X ..... LES reported in 2007 -TMI - 1051 - GOVERNMENT OF INDIA Central Excise Manufacturer has exported goods through Merchant Exporter under claim of rebate. In the form ARE-1 (AR-4) Manufacture as well a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Merchant Exporter has declared that no-duty drawback would be claimed. But, subsequent to clearance and export, Merchant Exporter has claimed duty drawback. Department has rejected the claim of Man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacturer for claiming "Rebate" under Rule 18 of Central Excise Rules, 2001 (Central Excise Rules, 2002) read with Notification No. 40/2001 C.E.(NT) dated 26-6-2001. In this matter, in a revision app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication made by the Manufacture, Government of India has held that action against Merchant Exporter could have been taken under the Customs & Central Excise Duties Drawback Rules, 1995 but there is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o merit in rejecting the rebate claim of the Manufacture.
Therefore, "Rebate" shall be allowed to Manufacturer. X X X X Extracts X X X X X X X X Extracts X X X X
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