AI Drafter - (New and Powerful) 
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter. 
TaxTMI 
TaxTMI 
1991 (5) TMI 78
X X X X Extracts X X X X
X X X X Extracts X X X X
....e Central Excises & Salt Act, 1944. The show cause notice seeks a review of Order-in-Appeal No. SKM-217/90-BI dated 20-2-1990 passed by Collector of Central Excise (Appeals), Bombay. 2. The respondents, M/s. Sanghi Oxygen had filed three claims under Rule 12 of the Central Excise Rules for rebate of duty paid on electric motors purchased by the respondents and used as component parts in the man....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tative view that Rule 12 of the Central Excise Rules, 1944 provides for the grant of rebate of duty paid on excisable goods if exported outside India. The subject goods, electric motors, were in fact, component parts of the Acetylene gas plant, which was exported under bond, under Rule 13, without payment of duty, and on which the question of rebate of duty does not arise. On a recapitulation of t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ayment of duty in cash direct from the factory or warehouse. It is an admitted fact that the subject goods were bought out items and this automatically disqualifies the case from Rule 12 by virtue of the proviso to the said Notification 197/62-C.E., whereby goods have to be exported after payment of duty in cash directly from the factory. Even otherwise, the Government observes that it will be wro....