2001 (8) TMI 752 - AT - Customs

Summary

Issues:
- Confirmation of demand of Customs duty for imported materials not utilized in the manufacture of final products.
- Dispute regarding the utilization of imported materials and excessive utilization of abrasives.
- Justification for demanding Customs duty amounts from the appellants.

Analysis:
1. The appeals involved the confirmation of Customs duty demands for imported materials not utilized in the production of final goods. The appellant, a 100% export-oriented unit engaged in manufacturing polished granite slabs, imported various materials under a private bond warehouse license. The Revenue alleged non-utilization of materials based on discrepancies in the RG-1 register. The duty demands were upheld by the authorities below.

2. The appellant's representative argued that the imported materials were indeed used in production, despite not being recorded in the RG-1 register due to pending inspection. The advocate emphasized that the materials were essential tools fitted to machines and used in trial production. Regarding excessive utilization of abrasives, the advocate explained variations in input-output ratios due to differences in material hardness. The norm certified by a Chartered Accountant was specific to softer materials from Orissa, while the appellant worked with harder materials from outside Orissa.

3. The Revenue reiterated the lower authorities' reasoning for confirming the duty demands. However, upon considering both sides' submissions, the Tribunal found merit in the appellant's arguments. It was noted that the manufacturing process was under Customs supervision, and allegations of non-utilization were unfounded as they were based on input-output ratios that could not account for material hardness variations.

4. The Tribunal concluded that the correlation between input and output ratios could not be standardized due to differences in material hardness. Importantly, there was no evidence that the imported materials were disposed of improperly. The Tribunal held that the duty demands were not sustainable, as the imported materials were used for the intended purpose in a 100% export-oriented unit. Consequently, the appeals were allowed, and the impugned orders were set aside in favor of the appellants.