Just a moment...

Top
Help
AI Drafter - (New and Powerful)

TaxTMI AI Drafter workflow from input facts to final legal draft Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Try Now
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2012 (4) TMI 632

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oner (Appeals) Shri G. Derrick Sam, Advocate and Ms. W. Omega Arul Selvi, for the Assessee. None, for the Department. ORDER The above appeals have been filed by M/s. Godrej Sara Lee Limited, Puducherry (herein after referred to as "the appellant") against the Orders-in-Original No. 511& 512/2009 -RSV dated 11-8-2009 passed by the Maritime Commissioner of Central Excise, Chennai-I Commi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....;As it appeared that the Mosquito Repellant Machine had not undergone any process amounting to manufacturing activity before export, show cause notices were issued by the Maritime Commissioner of Central Excise, Chennai proposing to reject the claims for non-entitlement of rebate as per Rule 18 of the Central Excise Rules, 2002. After adjudication, the Lower Adjudicating Authority passed the impug....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... payment of duty by debit in the CENVAT account will be entitled for rebate under Central Excise Rules. (iv) that Section 2(f)(iii) states that 'manufacture includes any process in relation to the goods specified in the third schedule and involves packing or repacking or such goods in a unit container' and hence it cannot be said that there is no manufacturing activity; &nbs....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lly gone through the case records and the oral as well as written submissions. The issue to be decided in this case is whether or not the orders of the LAA denying rebate of duty paid on the exported 'Mosquito Repellant Machine' is correct. 5.1 The fact that the impugned goods were exported is not questioned. The only ground under which Lower Adjudicating Authority has rejected the rebate ....