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2015 (4) TMI 163 - CGOVT - Central ExciseDenial of rebate claim - Commissioner (Appeals) mainly on the ground that the rebate claims were sanctioned of duty paid on value which was more than transaction value and the claims should be restricted to duty paid on transaction value - Held that:- Applicant has stated that while clearing the goods from factory they prepared ARE-1 No. 199/09-10 dtd. 27-10-2009 in the month of October 2009, when exchange rate was 47.70 Rs. Per US $ and ARE-1 No. 400/09-10 dtd. 22-02-2010 when exchange rate was 45.70. However, the goods covered vide both AREs-1 could be exported only in the month of April 2010 vide single shipping Bill No. 8341080 dtd. 09-04-2010, when exchange rate reduced to ₹ 45 per US $ due to this reason, the difference in ARE-1 value and FOB has occurred. Government notes that CBEC has clarified in circular No. 510/06/2000-Cx dtd. 03-02-2000 that there is no question of requantifying the amount of rebate by applying same other rate prevalent to subsequent the date to which duty was paid. In this case applicant has stated the different in ARE-i value and FOB value is due to difference in foreign exchange rates. This pleading is not examined by lower authorities. This factual position is required to be verified by the original authority, and if said contention is found correct, then rebate claims cannot be reduced as clarified in the above said CBEC circular. - Matter remanded back - Decided in favour of assessee.
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