MADHAV STEEL Vs. UNION OF INDIA

JUDGEMENT

(1.) By this Petition, the Petitioners have prayed for setting aside the Order dated 29th May, 2006 passed by the Respondent No.2 in Revision under Section 35-EE of the Central Excise Act, 1944. The said Revision was preferred against the Order allowing the Appeal filed by the Deputy Commissioner of Central Excise and Customs (Respondent No.3) and consequently, rejecting the Petitioners' rebate claim forRs.9,87,777/- FACTS:-

(2.) The Petitioner No.l is a partnership firm of which the Petitioner No.2 is the partner. The Petitioners (dealer) are engaged in the business of trading in ferrous/ non-ferrous metals. The Petitioners had purchased SS Sheets in Coil Form (Hot Rolled) (200) SC-1 Grade, of various thickness (the said goods) involving 162.405 MTs under 11 invoices (Exhibits-B-1 to B-11 of the Petition; from M/s. Shah Alloys Limited (the manufacturer). The Petitioners thereafter undet 7 invoices (Exhibits-C-1 to C-7 of the Petition) sold 151.500 MTs of the said goods to M/s. H. M. Traders, Mumbai (the exporter). The exporter exported the said 151.500 MTs of the said goods under 3 ARE-ls issued by the Petioners (Exihibitslu D-1toD-3of the petition The Petitioners also obtained the No Objection Certificate from the exporter for the purpose of claiming the rebate of central excise duty directly from the Central Excise Authorities.

(3.) The exporter exported the goods to M/s. Classico Trading at Sharjah UAE under the cover of shipping bill Nos.897232 to 897234 all dated 29th March, 2003 after due examination by the Central Excise and Customs Authorities. The exporter also realized the foreign exchange in full through the authorized dealer, who issued the bank realization Certificate No.500 dated 12th June, 2003.