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TMI Blog2015 (4) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority. The department filed appeal before Commissioner (Appeals) on the ground that the rebate claim was wrongly sanctioned. The details of the claim is as under :- Sl. No. S/B No. ARE Nos. & date Rate of duty Value of ARE-1 (Rs.) FOB Value in S/B Amount, sanction Excise rebate claim sanctioned as per department (Rs.) 1 8341080 199 dtd. 27-10-2009 4.12% 2453165/- 2286232 101070 6877 2 ----do---- 400 dtd. 22-02-2010 4.12% 1966800/- 1950709 81032 663 Total 182102 7540 It is contended in the appeals that the value declared in the ARE-1 was more than the value declared in the Shipping bills. The value declared in the ARE-1 was more, which was not the correct transa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er in the month of October 2009 and we have prepared ARE-1 @ 23.50 per 10X10. However the CIF rate is USD 0.5 per 10X10 and the exchange rate in the month of October was Rs. 47.70 per USD therefore CIF rate arrives Rs. 23.85 per 10X10 and the rate in ARE- I is 23.50 after deducting the freight and Insurance 0.35 per 10X10. 4.2 In the case of clearance under ARE-1 No. 400/09-10 dtd. 22-02-2010 they have removed the goods from the factory of manufacturer in the month of February 2010 and we have prepared ARE-1 @ 22 per 10 X 10. However the CIF rate is USD 0.5 per 10X10 and the exchange rate in the month of February was Rs. 45.70 per USD therefore CIF rate arrives Rs. 22.85 per 10X10 and the rate in ARE-I is 22.00after deducting the freight a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mentioned in para (3) above. 8. Government observes that the 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 Rs. 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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