2020 (1) TMI 531 - AT - Central Excise

Tribunal grants appeal, upholds correct valuation procedures, and awards rebate at declared price

M/s Ektara Export Private Limited Versus Commissioner of Central Excise, Shillong

M/s Ektara Export Private Limited Versus Commissioner of Central Excise, Shillong - TMI Issues Involved:1. Whether the Appellant claimed excess duty rebate by overvaluing their export product.2. Validity of the valuation method under Section 4A versus Section 4 of the Central Excise Act.3. Applicability of the extended period of limitation for issuing the Show Cause Notice.4. Legitimacy of the Appellant's rebate claim under Rule 18 of the Central Excise Rules, 2002.Issue-wise Detailed Analysis:1. Excess Duty Rebate Claim:The primary issue is whether the Appellant claimed any extra amount of rebate by overvaluing their export product. The Department alleged that the Appellant manipulated the price of the exported goods by adopting a higher assessable value in collusion with the supplier/manufacturer. The Commissioner found that the Appellant purchased mouth fresheners from the manufacturer at a highly inflated assessable value compared to the actual transaction value, resulting in an undue rebate claim. The Department argued that the Appellant exported goods at a very high price to get an excess amount of rebate, which is legally impermissible.2. Valuation Method - Section 4A vs. Section 4:The Department contended that the manufacturer/supplier should have determined the valuation of the export goods under Section 4 of the Act instead of Section 4A. The Commissioner noted that the manufacturer paid central excise duty based on the higher assessable value under Section 4A, facilitating the Appellant to claim a higher export rebate. The Appellant argued that they procured the goods on payment of excise duty as determined under Section 4A and exported the same, which was verified by the Central Excise and Customs Officers. They relied on the Supreme Court's decision in Om Overseas Limited vs. Union of India, which held that rebate cannot be denied unless there is fraud, collusion, or wilful misstatement.3. Extended Period of Limitation:The Appellant argued that the Show Cause Notice issued on 31.01.2012 was beyond the normal period for raising the demand under Section 11A of the Act read with Rule 18 of the Rules. The Department invoked the extended period of limitation, alleging that the Appellant tried to claim excess duty rebate through inflated prices.4. Legitimacy of Rebate Claim under Rule 18:The Appellant claimed that they followed the prescribed procedures for exporting the goods and received full payment from the overseas buyer. They argued that the valuation adopted by the manufacturer/supplier is not their concern, and they paid the duty as per the declared value. The Tribunal found that the Department did not provide evidence of a lower price for the export product and that the Appellant's transactions were genuine. The Tribunal relied on the Supreme Court's decisions in Commissioner of Central Excise and Customs vs. MDS Switchgear Limited and Commissioner of Customs vs. Crown International Limited, which supported the Appellant's position that the declared export price cannot be discarded without evidence of fraud or collusion.Conclusion:The Tribunal concluded that the Appellant did not overvalue the exported goods and was entitled to the rebate at the declared price. The Department's contention that the valuation under Section 4A is not permitted for exports was not supported by legal provisions. The Tribunal allowed the appeal, stating that the Appellant followed the correct procedures and the impugned order was not sustainable.Order:The appeal was allowed, and the Appellant was entitled to the rebate at the declared price for the export made. The order was pronounced in open court on 17 December 2019.