LAWS(BOM)-2003-8-122

UTTAM STEEL LIMITED Vs. UNION OF INDIA

Decided On August 12, 2003
UTTAM STEEL LIMITED Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE short question sought to be raised in this petition relates to an interpretation of section 11-B of the Central Excises Act, 1944 ("act" for short) which came to be amended with effect from 12th May, 2002. Factual Background the factual background giving rise to the present petition is in narrow compass :

(2.) THE undisputed facts are that the petitioners are engaged in the business of manufacturing and exporting steel products including galvanized corrugated sheets to 120 countries. In respect of exports affected from time to time, the petitioners filed rebate claims for a rebate of central excise duty paid in respect of the exported goods.

(3.) THE present petition is concerned with two shipments of goods which were exported in 1999 and in respect whereof the petitioners claimed rebate. The petitioners exported galvanized corrugated sheets under shipping bills dated 20th May, 1999 and 10th June, 1999 and filed refund claim along with supporting documents to substantiate their claim that subject goods were, in fact, manufactured in their factory.