2014 (12) TMI 948 - CGOVT - Central Excise

Government Upholds Appellate Decision on Rebate Claims, Resolving Discrepancies

CCE, Kolkata-III Versus M/s Electro Steel Casting Ltd., Kolkata

CCE, Kolkata-III Versus M/s Electro Steel Casting Ltd., Kolkata - 2015 (321) E.L.T. 150 (G. O. I.) Issues Involved:1. Discrepancies in rebate claims regarding invoice and FOB values.2. Non-submission of Bank Realization Certificates.3. Ambiguities in quantities, net, and gross weight of exported goods.4. Simultaneous claim of drawback and rebate.5. Non-submission of legible copies of accompanying documents.Detailed Analysis:1. Discrepancies in Rebate Claims Regarding Invoice and FOB Values:The adjudicating authority found discrepancies in the declared FOB values and invoice values in the rebate claims. For the first claim of Rs. 65,66,993/-, the declared FOB value did not match the value derived from the invoice after deducting freight and commission. Similarly, for the second claim of Rs. 38,48,035/-, the declared FOB value was inconsistent with the derived value. The department argued that the FOB value should be calculated by deducting freight, insurance, and commission from the invoice value. The respondent contended that their invoice value was on a CFR basis, inclusive of freight, and that commission should be included in the FOB value as per DGFT Policy Circular No. 51(RE-2008)/2004-09 and Section 4(3)(d) of the Central Excise Act, 1944. The appellate authority agreed with the respondent, stating that commission should be included in the transaction value, and the Government upheld this view, finding no infirmity in the appellate authority's decision.2. Non-submission of Bank Realization Certificates:The adjudicating authority noted that the respondent did not submit Bank Realization Certificates (BRCs) with their rebate claims. The appellate authority found that the respondent had submitted BRCs from the DGFT website, which were verified by the departmental officer. The Government found no infirmity in the appellate authority's decision and deemed the department's contention untenable.3. Ambiguities in Quantities, Net, and Gross Weight of Exported Goods:The adjudicating authority pointed out ambiguities in the declared net and gross weights of the exported goods, stating that if the goods (pipes) were cleared in loose condition, the question of gross weight did not arise. The respondent explained that the net weight referred to the metal weight of the pipes, while the gross weight included the cement mortar lining weight. The Government found the respondent's explanation reasonable and concluded that the export of duty-paid goods was established, making the rebate admissible.4. Simultaneous Claim of Drawback and Rebate:The adjudicating authority expressed ambiguity regarding the simultaneous claim of drawback and rebate. The respondent argued that the AIR of duty drawback neutralized only the customs duty incidence on inputs, which was permissible irrespective of the CENVAT facility. The appellate authority accepted this contention, supported by CBEC Circular No. 35128. The Government found no irregularity in the simultaneous availment of excise rebate and customs duty drawback.5. Non-submission of Legible Copies of Accompanying Documents:The department alleged that the respondent submitted illegible copies of invoices, with serial numbers inscribed by hand, intending to mislead the department. The appellate authority found that original invoices were available for verification and that the serial numbers were inscribed by hand only in one instance, which was countersigned by excise and customs officials. The Government observed that procedural lapses should be condoned if the substantive fact of export was not in doubt, aligning with the broader concept of justice as established by various court decisions.Conclusion:The Government upheld the appellate authority's decision, finding no infirmity in the order-in-appeal. The revision application was rejected, and the rebate claims were deemed admissible based on the established export of duty-paid goods and the inclusion of commission in the FOB value. The Government emphasized a liberal interpretation of procedural requirements in favor of substantive compliance with export-oriented schemes.