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2016 (12) TMI 920 - CESTAT NEW DELHI

2016 (12) TMI 920 - CESTAT NEW DELHI - TMI - Sanctioned rebate claim to be reversed - recovery - export of goods under Rule 18 of Central Excise Rules - Held that: - the realization of export proceeds is governed by the Foreign Exchange Management Act, 1999, whereas the rebate of duty on goods which are exported is governed by the provisions of Central Excise Act and Rules thereunder. - In the present case, the goods have been exported under bond and the bond stands discharged on production .....

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Appeal No.E/52825/2016-EX[SM] - FINAL ORDER No.55600/2016-Ex(SM) - Dated:- 29-11-2016 - Shri V. Padmanabhan, Member (Technical) Shri D.K. Tyagi, Advocate for the Applicants Shri Dharam Singh, AR for the Respondent Per V. Padmanabhan: The present appeal is directed against the Order-In-Appeal dated 4.8.2016 passed by the Commissioner (Appeals), Bhopal. The appellant is a manufacturer of various parts of machines. During the course of Audit, it was observed that the appellant had exported goods un .....

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nt. It, therefore, appeared that the appellant is liable to payback the proportionate rebate taken by them against the said rejected goods. The proportionate rebate of ₹ 21,257/- was ordered to be recovered from them and penalty equivalent to the rebate rejected was also imposed on them under Section 11AC of Central Excise Act, 1944. 2. Being aggrieved by the order, they preferred an appeal on the ground that the appellant had cleared for export one consignment of cam shafts without paymen .....

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