2012 (10) TMI 949

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t. Shri A.K. Jain, Jt. CDR, for the Respondent. ORDER The Appellant are manufacturer of M.S. ingots, blooms, plates, hot-rolled and cold rolled coils/strips of stainless steel falling under Chapter Heading 72 of Central Excise Tariff Act, 1985. During the period of dispute, they exported their finished products under rebate claim under Rule 18 of the Central Excise Rules, 2002 read with N....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... demand of Rs. 21,10,817/- along with interest. He also imposed penalty of Rs. 5000/- on the appellant. The demand for the remaining amount was dropped. Against this order of Commissioner, this appeal along with stay application has been filed. 2. Heard both the sides in respect of stay application. 3. Shri K.K. Gupta, Advocate, the ld. Counsel for the appellant, pleaded that rebate under Ru....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ference copy of the shipping bill evidencing export of the goods out of India was not received and in fact there is not even a dispute regarding proof of export; that actually on facts, this is a case of full realization because small amount of difference has occurred on account of fluctuation of exchange rate; that denial of rebate for non-realisation of full export proceeds is therefore not sust....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of law which disentitle the exporter from rebate on the ground of non-realisation of price of goods exported. 5. We have considered the rival submissions and perused the record. It is not the allegation of the Department that goods cleared from ICD for export were ultimately not exported out of India; or that the proof of export in form of transference copy of the shipping bill was not receive....