2007 (10) TMI 499 - AT - Central Excise

Summary

Issues involved:
Jurisdiction of the Appellate Tribunal under sub-section (1) of Clause (b) of First Proviso to Section 35B of the Central Excise Act, 1944 regarding rebate of duty on goods exported.

Detailed Analysis:

1. Preliminary Objection by Ld. DR:
The Ld. DR raised a preliminary objection stating that the Tribunal lacks jurisdiction under sub-section (1) of Clause (b) of First Proviso to Section 35B of the Act as the case pertains to the rebate of duty, and the order was passed by the Commissioner (Appeals).

2. Contention of Ld. Advocate:
The Ld. Advocate for the appellant countered the objection by arguing that the Commissioner filed an appeal under Section 35B before the Commissioner (Appeals) and the order was passed under sub-section (4) of Section 35E, not Section 35A. He emphasized that the Commissioner's order was related to valuation issues, not just the rebate claim.

3. Submission by Ld. DR:
The Ld. DR representing the Revenue contended that the show cause notice aimed to reject the rebate claim on export, and the Commissioner (Appeals) directed the repayment of excess amount, indicating that the Tribunal lacked jurisdiction.

4. Decision and Analysis:
After reviewing the arguments and records, it was established that the Commissioner (Appeals) issued the order under Section 35A(3) of the Act. The Tribunal's jurisdiction under Clause (b) of the proviso to Section 35B(1) is limited concerning orders passed by the Commissioner (Appeals) under Section 35A, specifically regarding rebate of duty on exported goods. The appellant's reliance on Section 35E(4) was dismissed as it did not alter the Commissioner's authority under Section 35A. The case, involving a rebate claim of Rs. 4,52,953, was deemed to fall within the jurisdiction of the Commissioner (Appeals) under Section 35A, leading to the Tribunal's rejection of the appeal and stay application.

5. Final Decision:
The Tribunal concluded that since the matter concerned the rebate of duty and the order was issued by the Commissioner (Appeals) under Section 35A, the Tribunal lacked jurisdiction to adjudicate the case. Consequently, the appeal and stay application were rejected as not maintainable.

This detailed analysis outlines the key arguments, legal provisions, and the Tribunal's decision regarding the jurisdictional issue concerning the rebate of duty on exported goods under the Central Excise Act, 1944.