2015 (1) TMI 673 - HC - Central Excise

Central Excise Appeal Dismissed: Export of Exempted Goods Allowed Under Rule 19

Commissioner Versus Mahindra & Mahindra Ltd.

Commissioner Versus Mahindra & Mahindra Ltd. - 2014 (310) E.L.T. A21 (Bom.) Issues:1. Appeal against Tribunal's order allowing export of exempted goods under Bond/Undertaking-1.2. Application of Rule 6(6)(v) of the Cenvat Credit Rules, 2004.3. Reference to judgments in Repro India Ltd. and Sharp Menthol India Ltd.4. Dismissal of Revenue's appeal by the High Court.Analysis:1. The High Court dismissed the Central Excise Appeal filed by the Commissioner of Central Excise against the CESTAT Final Order allowing the export of exempted goods under a Bond/Undertaking-1. The Tribunal held that such goods can be exported under Rule 19 of the Central Excise Rules, 2002, and exempted excised goods cleared without payment of duty for export under Bond are not subject to certain provisions of the Cenvat Credit Rules, 2004.2. The Tribunal's decision was influenced by the judgment in Repro India Ltd. case, where it was established that certain rules apply differently to goods cleared without duty payment for export under Bond. Additionally, another Division Bench judgment in the case of Sharp Menthol India Ltd. was referenced, which was challenged by the Revenue in the Supreme Court but was dismissed, affirming the validity of the Division Bench's decision.3. The High Court found that the Tribunal's order was not flawed or legally erroneous based on the precedents cited. The Court concluded that the Revenue's appeal did not raise any substantial question of law and, therefore, could not be entertained. Consequently, the appeal was dismissed with no costs imposed on either party.This detailed analysis of the judgment highlights the key issues addressed by the High Court in relation to the appeal filed by the Revenue against the Tribunal's decision regarding the export of exempted goods and the application of relevant excise rules.