2002 (10) TMI 500 - AT - Customs

Summary

Issues:
- Applicability of Special Additional Duty (SAD) on imports from Nepal prior to a specific notification.

Analysis:
1. The issue in the appeal revolved around the applicability of the Special Additional Duty (SAD) on imports from Nepal before the issuance of Notification No. 124/2000-Cus., which amended an earlier notification (37/96-Cus.). The Notification No. 18/2000 exempted goods from SAD if they met specific criteria related to customs duties. It was highlighted that SAD exemption applied when both Basic Customs duty and additional Customs Duty were exempted or when Free rates of duty were specified. However, in the case of Nepalese imports, while Basic Customs Duty was exempted, the additional Customs duty was not exempted by any notification. The notification's conditions were not met, making SAD applicable under Section 3A of the Customs Tariff Act read with Notification 18/2000.

2. During the relevant period, there was no exemption from SAD for imports, including Masor Dal, by the appellant. Although Notification No. 37/96-Customs was later amended to provide exemption from SAD for Nepalese imports, the amendment was deemed prospective, not retrospective. The contention that the amendment was clarificatory and should apply retrospectively was refuted by the authorities, emphasizing the prospective nature of the amendment.

3. The appellate tribunal noted that the exemption from SAD for Nepalese imports came into effect from 29-9-2000 through the amending Notification No. 124/2000. The absence of any indication of retrospective application in the notification, coupled with the use of the term 'further,' indicated prospective intent. It was established that statutes are generally prospective unless expressly stated otherwise. The tribunal concluded that the exemption granted through the amendment was not clarificatory but prospective, precluding the appellant from claiming past period exemptions. Consequently, the demand for duty amounting to Rs. 26,610 was upheld, and the appeal was rejected.