2011 (6) TMI 600 - HC - Central Excise

High Court quashes rebate claim, orders prompt decision

UNION OF INDIA Versus SHEETAL EXPORTS

UNION OF INDIA Versus SHEETAL EXPORTS - 2011 (272) E.L.T. 663 (Bom.) Issues:Challenge to order passed by revisional authority under Section 35EE of Central Excise Act, 1944 regarding rebate claim rejection. Examination of First Respondent's entitlement to claim rebate based on export of goods and duty paid by manufacturer. Judicial review of revisional authority's decision to allow rebate claim.Analysis:The petition by the Union of India challenges the order passed by the revisional authority under Section 35EE of the Central Excise Act, 1944, regarding the rejection of rebate claims by the First Respondent amounting to Rs. 13.57 lakhs. The Assistant Commissioner initially rejected the rebate claims, which were later remanded back for reconsideration by the Commissioner after complying with principles of natural justice. The revisional authority, in the impugned order, concluded that the First Respondent is entitled to claim rebate, leading to the Union of India challenging this decision.The First Respondent, a merchant exporter, purchased finished goods from a manufacturer claiming Cenvat Credit on duty paid inputs. The dispute arose when the manufacturer was found to have wrongly availed credit based on documents from bogus firms, leading to the rejection of the rebate claim by the Assistant Commissioner. The First Respondent argued that it should not be penalized for the manufacturer's actions without evidence of its involvement in any fraudulent activities.The Commissioner (Appeals) remanded the proceedings to allow the First Respondent to present evidence before the Assistant Commissioner. However, the revisional authority, in reliance on a previous decision, allowed the rebate claim stating that the First Respondent had purchased and exported goods in good faith, paying the entire amount inclusive of duty, without evidence of any wrongdoing on its part.The High Court found that the revisional authority's decision was unsustainable as it made a finding of fact without sufficient material and contrary to the Department's case of fraudulent evasion of duty. The Court quashed the impugned order and upheld the decision of the Commissioner (Appeals) to remand the proceedings back to the Assistant Commissioner for further examination.Regarding the payment made to the First Respondent during the pendency of the case, the Court directed the Union of India to recover the amount in accordance with the final decision on the rebate application, which must be decided expeditiously within three months from the date of the Court's order.In conclusion, the High Court allowed the rule in the aforementioned terms, with no order as to costs.