2007 (5) TMI 183 - AT - Central Excise

Assessee wins rebate claim on DP Resin export duty

The Tribunal ruled in favor of the assessee, allowing the rebate claim for Central Excise duty on the export product 'DP Resin.' Despite initial concerns ... DP Resin was manufactured in Raigad out of DP Rosin received from their Jammu unit & that therefore credit has been rightly availed by them and that they are eligible to rebate of duty paid on export product – revenue’s allegation that there is no mfg. is wrong– moreover, duty paid by raigad unit can be considered reversal of credit when both units are paying duty – credit allowed - rebate available u/r 18 as per not. 56-57/02 as there is no bar in law to grant of rebate to merchant-exporter Issues:Claim for rebate of Central Excise duty, Recovery of Cenvat credit, Admissibility of rebate, Imposition of penalty, Technical and commercial feasibility of manufacturing DP Resin, Invoices discrepancy, Availability of raw materials, Cenvat credit availed, Grant of rebate based on duty paid.Detailed Analysis:1. Claim for Rebate of Central Excise Duty:The assessee filed claims for rebate of Central Excise duty for the export product 'Disproportionated Resin (DP Resin).' An investigation was conducted to verify the manufacturing facility at the Raigad factory. The Central Excise authorities raised concerns about the irregular Cenvat credit availed by the assessee and the inadmissibility of the rebate claim. Show cause notice was issued proposing recovery of Cenvat credit and denial of rebate, leading to penalties imposed on the company and its Managing Director.2. Technical and Commercial Feasibility of Manufacturing DP Resin:The Commissioner questioned the feasibility of manufacturing DP Resin from DP Rosin, citing technical and commercial reasons. However, the appellants presented technical material, including patent applications and expert opinions, supporting the process of obtaining DP Resin from DP Rosin. The National Chemical Laboratory's letter further validated the process claimed by the assessee.3. Invoices Discrepancy and Raw Material Availability:The Commissioner highlighted discrepancies in the invoices regarding the packing capacities of export goods and received inputs. The assessee clarified that export drums were made from purchased sheets. Issues related to the availability of essential raw material, Turpentine, were also raised. The department's observations were countered with evidence of Turpentine issuance and existing stock at the Raigad factory.4. Cenvat Credit Availed and Grant of Rebate:The Tribunal accepted the assessee's contention that DP Resin was indeed manufactured at the Raigad factory from DP Rosin received from the Jammu unit. Consequently, the Cenvat credit availed by the assessee was deemed legitimate, and they were found eligible for the rebate of duty paid on the export product.5. Legal Precedents and Grant of Rebate Based on Duty Paid:Referring to legal precedents and clarifications from the Chief Commissioner of Central Excise, the Tribunal ruled in favor of the assessee. The duty paid by the Raigad factory was considered a reversal of Cenvat credit, and the grant of rebate on duty paid for the export product was upheld, despite the benefit of duty refund availed by the Jammu unit. The Tribunal set aside the impugned order and allowed the appeals based on the evidence and legal interpretations presented.